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kentuck

(111,094 posts)
Sun Dec 4, 2016, 12:54 PM Dec 2016

When does the Senate go on recess?

If they go on vacation without addressing the conflicts of interest of Donald Trump, will that create a possible constitutional crisis?

Can the president call them back from vacation to fix the problem, to prevent a constitutional crisis?

Should the President keep this option on the table?

7 replies = new reply since forum marked as read
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When does the Senate go on recess? (Original Post) kentuck Dec 2016 OP
Short answer is never... Wounded Bear Dec 2016 #1
In what way would it be a Constitutional crisis? MichMary Dec 2016 #2
When the President does not adhere to our Constitution... kentuck Dec 2016 #3
that's it exactly, the emoluments thing eShirl Dec 2016 #4
Emolument Clause! MichMary Dec 2016 #5
The so-called "Emoluments Clause" is Article I, Section 9, Clause 8 of the Constitution. WillowTree Dec 2016 #6
This message was self-deleted by its author WillowTree Dec 2016 #7

Wounded Bear

(58,654 posts)
1. Short answer is never...
Sun Dec 4, 2016, 12:59 PM
Dec 2016

At least not before January 2016. One of their defense mechanisms for preventing Obama nominations is to keep the Senate in session continuously through legislative tricks so he can't even do recess appointments.

If they are ever out of session, yes the Pres can call an emergency session, but it won't happen.

The Repubs have effectively stopped all government operations, and the red states have risen up and rewarded them and have actually sped up the process of turning our nation into an oligarchical fascist state.

Gonna be rough for a while.

MichMary

(1,714 posts)
2. In what way would it be a Constitutional crisis?
Sun Dec 4, 2016, 01:02 PM
Dec 2016

I've read that the specific law (name escapes me) that requires some officials to divest does not apply to the President or Vice President.

As far as his business, he has pledged to step away and put the management into the hands of his children. I agree that as long as family members are involved in the business it is a conflict of interest, but that doesn't make it a Constitutional crisis.

kentuck

(111,094 posts)
3. When the President does not adhere to our Constitution...
Sun Dec 4, 2016, 01:33 PM
Dec 2016

Per the emolument clause, it could very easily create a constitutional crisis.

Suppose he wants to continue with his plans to build 2 resort hotels on Taiwan? Suppose it creates an international incident with the Chinese government?

How can he claim he is not making money off his new hotel, the Old Post Office Building.

The Constitution prohibits that. Simply stating that his children are running the blind trust is not sufficient.

Yes, there are several avenues to a constitutional crisis, if Trump refuses to divest his business interests. There is no indication he is even thinking about it.

That is where Obama could insist that the leaders in Congress resolve the problem, in my opinion.

MichMary

(1,714 posts)
5. Emolument Clause!
Sun Dec 4, 2016, 01:43 PM
Dec 2016

That's what I was trying to remember, and couldn't.

“No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.”


This article explains things. I's apparently never really been tested as to whether it applies to the Prez and Veep.
http://www.huffingtonpost.com/entry/donald-trump-emoluments_us_58409e01e4b017f37fe3c0ca

WillowTree

(5,325 posts)
6. The so-called "Emoluments Clause" is Article I, Section 9, Clause 8 of the Constitution.
Sun Dec 4, 2016, 02:31 PM
Dec 2016

There's significance to the fact that it was written into Article I of the Constitution only.

Response to MichMary (Reply #5)

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