Could * do a recess appointment for VP if Cheney resigns?

[Gidney N Cloyd]

This is a fun little parlor game.
:evilgrin:

[efhmc]

1. No. That position is automatically filled by the speaker of the house.

[Nickster]

3. No, * gets to pick, then Congress does the approval.

[IntravenousDemilo]

11. Or not.

[Nickster]

12. I know, I know. I have my fingers crossed too.

[LiberalEsto]

5. Was Gerald Ford the Speaker when Agnew resigned?

I must be getting old -- I can't remember

On edit: Ford was minority leader in the House when Nixon asked him to be the new VP. Nixon picked Ford because his first choice, John Connally, would not have gotten support in Congress.

[DoYouEverWonder]

6. That only happens if the Pres and VP both die

If Bush remains president and Cheney resigns, then Bush gets to nominate anyone he wishes but that person has to be confirmed by Congress.

[displacedtexan]

2. Not necessary.

The potus just names the vpotus. Period.

[Kenroy]

4. no

the congress must approve the selection.

[MidwestTransplant]

7. I am sure the answer lays in the constitution. Don't go looking for it at

the WH though. They burned theirs.

[displacedtexan]

9. But they would all defer to the potus.

Approval is a formality. No one would challenge a VP selection.

S/he might be in the same position someday.

[roguevalley]

14. my guess is rice. he has a need to have a nanny around him.

[RobertSeattle]

8. Its in the Constitution

Amendment XXV.

Section 2.
Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

[Gidney N Cloyd]

10. But my question is really about a RECESS appointment.

Could * slip in a major whackjob as VP during recess rather than go through the actual approval process, ala Bolton (et al)? Is the veep positon special and not subject to the recess appointment loophole/workaround/fast-one ?

[William769]

13. Post #8 is pretty clear.

[Gidney N Cloyd]

16. I think it's 'clear' in much the same way for other positions that

require congressional vetting and approval. The 'recess clause' is elsewhere in the constitution. I'd like to believe you're right but I'm not sure #8 is all there is to it.

[RobertSeattle]

15. The the constituion would have to address it - it doesn't

So the Clause stands. Even the Weasels in the White House can't get around it.

[onenote]

17. Its not a dumb question, but I think the answer would be no

The Recess Appointment clause simply states that "The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session."

The 25th Amendment states "Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress."

So is a "vacancy" as referenced in the 25th Amendment fall within the concept of "all Vacancies" referenced in the Recess Appt Clause?

The fact that its the same word suggests yes. But the concept of "granting Commissions" doesn't seem to apply to the VP -- so my bet is that the answer would be no.

In any event, the situation probably would never arise: if Congress is in session when a VP vacancy occurs, then they won't recess until a new VP is confirmed, so there won't be an opportunity to make a recess appointment. If the vacancy occurs while Congress is in recess, you can bet that they will immediately convene an emergency session to consider a nomination. In theory, the Pres could try to make a recess appointment before Congress reconvenes, but I don't see that happening unless the goal is to precipitate a constitutional crisis and turn the country against your party.

onenote

[Hippo_Tron]

19. A recess can be as short as one day

Bush didn't put Bolton in when congress was between sessions. He put Bolton in when congress was on summer vacation.

[Geoff R. Casavant]

20. I agree with #17, but with one tweak

The Recess Appt. Clause does talk about all vacancies, but I would say the language of Amdt. XXV, being later in time, overrides the general recess appointment power with respect to vacancies in the office of the VP.

[Hippo_Tron]

18. Some people here clearly haven't watched enough west wing

Quite often the white house staffers have to throw around tricky constitutional questions like this one (although I don't think they've ever addressed this specifically).

This is one that I think could be taken all the way to the SCOTUS, although I highly doubt that it will be.