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The Tie-Breaking Vice-President (Revisited)

The Tie-Breaking Vice-President (Revisited)

by Michael D. Ramsey | Feb 8, 2022 | Recess Appointments, Senate, Vice-President

Back in 2020, when Republicans had a narrow majority in the Senate, there was talk about whether the Vice President could break a tie on a Supreme Court nomination if the Senators were equally divided.  Now that the issue is more immediate with a 50-50 Senate,...
The Constitution, General Austin, and the Seven-Year Rule

The Constitution, General Austin, and the Seven-Year Rule

by Michael D. Ramsey | Dec 17, 2020 | Appointments, Current Events

With President-elect Biden announcing retired general Lloyd Austin as his pick for Defense Secretary, 10 U.S.C. 113(a) is back in the news.  It provides: A person may not be appointed as Secretary of Defense within seven years after relief from active duty as a...
Can the Vice President Break a Tie on Appointments?

Can the Vice President Break a Tie on Appointments?

by Michael D. Ramsey | Sep 25, 2020 | Alexander Hamilton, Article I Section 3, Article II Section 2, Judiciary

In the Boston Globe, Laurence Tribe (Harvard) makes an originalist case that the Vice President cannot break ties on appointments votes.  It’s an interesting issue but I am not persuaded. He begins: While the vice president has the power to cast a tiebreaking...
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