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Bones. They call the senate to session, gavel it order, and say well be in recess until tomorrow at noon. Boom. Because we do that, were not in recess. So you cant use the recess appointment power. So the first question the Supreme Court has to decide is the exercise that the supreme that the senate goes through a real recess or not. In order, is it a recess during which the president could use the recess appointment power. Yes or no. The second question, remember what the article the section of the constitution says. It said the president should have the power to fill all vacancy that may happen during the recess of the senate. The second question is does the recess have to arise sorry does the vacancy have to arise during the recess. Can you use the tower fill a vacancy that aroads a long time ago . Fade to black. Fade up. Why do we have it in the constitution in the first place . Remember, that the congress used to be out of session for months at the time. Half a year maybe or more.

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