Addison C. Brown (February 21, 1830 – April 9, 1913) was a United States district judge of the United States District Court for the Southern District of New York , a botanist , and a serious amateur astronomer .
75-541: Addison Brown was born on February 21, 1830, in West Newbury , Massachusetts , the oldest of five children of Addison Brown Sr., a shoemaker, and Catherine Babson Griffin, both descended from Massachusetts' earliest Pilgrim settlers. He attended West Newbury's one-room school until he had exhausted its offerings at age 12. In 1843 he began more advanced studies in such areas as Latin, physics, algebra, and philosophy. In 1848 Brown entered Amherst College , intending from
150-482: A recess appointment from President James A. Garfield on June 2, 1881, to a seat on the U.S. District Court for the Southern District of New York. On October 12, 1881, President Chester A. Arthur nominated him to the same position. Brown's United States Senate confirmation took place on October 14, 1881; he received his commission the same day. Brown had become a member of his local Republican club in
225-607: A "hill-framed town that Lowell Thomas once described as 'the Garden of Eden of America,'" saying that as active farming faded away, West Newbury had become, "in its population and pattern of thinking ... virtually a suburb." Between 1820 and the early 1900s, an active Quaker community existed in West Newbury. The Quaker Meetinghouse stood at what is now 114 Turkey Hill Street and the Quaker Burial Ground, which
300-591: A "life of money-making." He did, however, participate in business ventures and accrue considerable wealth. In the late 1850s he began investing in and doing legal work for real estate transactions in which large areas of land at the edges of development in New York City were subdivided and sold at considerable profit. His success was such that prosperous individuals in Brown's hometown of West Newbury and surrounding areas entrusted him to invest their funds, providing
375-474: A 30 acre section of land around Indian Hill in current day West Newbury was purchased from an indigenous man Great Tom for three pounds. On February 18, 1819, the General Court of Massachusetts passed an act "to incorporate the town of Parsons." The initial proposals had been made in the late 18th century, but determined resistance from the town of Newbury, which had already lost Newburyport , blocked
450-824: A clerk for the firm of Brown (unrelated), Hall (then-New York's mayor), and Vanderpoel. There he met other lawyers, learned about the practice of law, and studied for the New York bar examination, which he passed in February 1855. In that year he began developing a small portfolio of clients of his own and supplemented his income with work as organist and choir director in the Episcopal Church in Newton, Long Island. Brown struck out on his own and then joined Nelson Smith in 1856. In 1857 he partnered with Edwin E. Bogardus, who had an established and varied law practice, to form
525-414: A college graduate in his circumstances had three career choices: the ministry, medicine or the law. He "knew nothing of the law, or of lawyers personally, ... and disliked the life of a physician." After consideration, he deemed himself ill-suited for the ministry: "Only law remained." Upon learning that he could save almost half of the cost of a Harvard law degree by working and studying in a law office for
600-480: A family was $ 193,951. Males had a median income of $ 100,670 versus $ 80,189 for females. The per capita income for the town was $ 35,323. About 2.8% of families and 4.6% of the population were below the poverty line , including 3.8% of those under the age of 18 and 9.8% of those 65 and older. West Newbury and its residents were the models for Popperville, the setting of Virginia Lee Burton 's children's story Mike Mulligan and His Steam Shovel . The town hall where
675-488: A household. She was disabled by illness before their marriage. Notwithstanding various cures meeting with mixed success, her physical and mental condition worsened until her death in 1887. In July 1893, Brown married Helen Carpenter Gaskin, a botany teacher at the New York Normal College, which later became Hunter College . He was in his 60s; she was considerably younger. One newspaper report stated that
750-611: A lawyer and diplomat, was ranked third. Joseph's brother, William Gardner Choate , who preceded Brown in the United States District Court for the Southern District of New York , was valedictorian; George B. Adams , Brown's successor on the bench, was also a member of the class of 1852. To restore his health after years dedicated to study, Brown spent the summer of 1852 working aboard a fishing boat, sailing out of Gloucester, Massachusetts to Prince Edward Island . In his Autobiographical Notes , Brown wrote that
825-557: A recess appointment as Surgeon General of the United States . President Barack Obama made 32 recess appointments (through February 1, 2015), all to full-time positions. Over what would have traditionally been the 2011–12 winter recess of the 112th Congress , the Republican-controlled House of Representatives did not assent to recess, specifically to block Richard Cordray 's appointment as Director of
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#1732797572824900-788: A recess appointment is prevented, a lower official frequently assumes the duties of the position in an acting role. Article II, Section 2, Clause 3 , commonly known as the Recess Appointment Clause , provides 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. Presidents since George Washington have made recess appointments. Washington appointed South Carolina judge John Rutledge as Chief Justice of
975-652: A recess appointment, also designated Charles W. Yost as United States Ambassador to Syria . Eisenhower made two other recess appointments, Chief Justice Earl Warren and Associate Justice Potter Stewart . As reported by Adam Serwer, writing for Mother Jones , the Congressional Research Service (CRS) tallied President Ronald Reagan ma[king] 240 recess appointments [during his time in office], [and] President George H. W. Bush ma[king] 77 recess appointments... . George H. W. Bush appointed Lawrence Eagleburger as Secretary of State during
1050-608: A recess in 1992; Eagleburger, as Deputy Secretary of State , had in effect filled that role after James Baker resigned. Henry B. Hogue, a specialist in American national government, summarised the next presidents for the CRS, stating President William J. Clinton made 139 recess appointments [during his presidency], 95 to full-time positions and 44 to part-time positions. President George W. Bush made 171 recess appointments, 99 to full-time positions and 72 to part-time positions. During
1125-399: A recess without the Senate's approval, but those positions will end at the end of the next legislative session unless Congress approves the appointment: 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. As noted by D.R. Stras and R.W. Scott, writing in 2007 in
1200-604: A shoe factory operated where the West Newbury Pizza Company currently exists. The West Newbury Historical Society, a non-profit, maintains the Hills House Museum at the historic William Hills and Hannah Chase House. The home was built in 1780 and the property contains several outbuildings, one of which is a cobbler's shop. The museum boasts a collection of horn combs and adornments manufactured in West Newbury, along with cooper's tools original to
1275-537: A year, Brown returned home to the law offices of John James Marsh. Brown entered Harvard Law School in 1853, receiving a Bachelor of Laws in late 1854. Armed with introductions from a Harvard professor, in December 1854 Brown arrived in New York City , New York (whose burgeoning business community Brown found more promising than opportunities in his native small-town northeast Massachusetts) and began work as
1350-607: Is a part of Massachusetts' North Shore , as well as the Merrimack Valley regions of the state. It lies along the south banks of the Merrimack River , 10 miles (16 km) upstream from the Atlantic Ocean . The town is located approximately 13 miles (21 km) northeast of Lawrence and 34 miles (55 km) north of Boston . It is bordered by Merrimac and Amesbury to the north, Newburyport to
1425-519: Is home to Emery House, monastery guesthouse and sanctuary of the Society of St. John the Evangelist . Many farms remain in West Newbury. In 2019 the town, in conjunction with Essex County Greenbelt Association, purchased an agricultural preservation restriction for Brown Spring Farm, permanently eliminating rights to develop the farmland and making it affordable for a new farmer. Long Hill Orchard
1500-517: Is located in neighboring Newburyport; the nearest national air service is in Boston at Logan International Airport . Recess appointment In the United States , a recess appointment is an appointment by the president of a federal official when the U.S. Senate is in recess . Under the U.S. Constitution 's Appointments Clause , the president is empowered to nominate, and with
1575-556: Is made during that recess"; he goes on to state that "if an office is vacant while the Senate is in session, the Constitution expects the President to make an advice and consent appointment at that time." Historically, presidents tended to make recess appointments when the Senate was adjourned for lengthy periods. Since World War II , presidents have sometimes made recess appointments when Senate opposition appeared strong in
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#17327975728241650-1009: Is part of the Pentucket Regional School District . It also contains the Dr. John C. Page School . For elementary school, students also have the option of attending River Valley Charter School in Newburyport. For high school, students also have the options of attending Whittier Regional Vocational Technical High School in nearby Haverhill, and Essex North Shore Agricultural and Technical School in Danvers. Nearby private schools include The Governor's Academy in Byfield, Phillips Exeter Academy , Phillips Academy , Waring School , Central Catholic High School , St. John's Preparatory School , Pingree School , and Shore Country Day School . Interstate 95 crosses through
1725-441: Is the town's oldest continually-operating farm. A number of smaller farms exist in West Newbury, including Maple Crest Farm, several Christmas tree farms, and numerous horse stables and equestrian facilities. The town has two primary outdoor recreational areas, Mill Pond and Pipestave Hill, which offer walking trails, horseback riding trails, as well as space for canoeing, fishing, and kayaking. Equestrian events are regularly held by
1800-482: Is to be conducted does not have the legal effect of interrupting an intrasession recess otherwise long enough to qualify as a "Recess of the Senate" under the Recess Appointments Clause. In this context, the President therefore has discretion to conclude that the Senate is unavailable to perform its advise-and-consent function and to exercise his power to make recess appointments". However, this
1875-404: Is water. In 2000 the 4149 were distributed into 1,392 households, and 1,183 families. The racial makeup of the town was 98.5% White , 0.2% African American , 0.5% Asian , 0.4% from other races , and 0.4% from two or more races. Hispanic or Latino of any race were 0.7% of the population. In March 1952, Julian Steele , the sole African-American voter among some 1,500 residents at the time,
1950-537: The Northwestern University Law Review , "there is a robust debate in the scholarly literature about the meaning of the Recess Appointments Clause." In Federalist No. 67 , Alexander Hamilton wrote: The ordinary power of appointment is confined to the President and Senate jointly , and can therefore only be exercised during the session of the Senate; but as it would have been improper to oblige this body to be continually in session for
2025-647: The Consumer Financial Protection Bureau . Both the House and Senate continued to hold pro forma sessions. In August 2017, nine pro forma sessions were set up to block President Donald Trump from making recess appointments; the concern was that Trump might dismiss Attorney General Jeff Sessions , and try to name his successor while Congress was in recess. Pro forma sessions continued to be held until January 2019: they were held on December 31, 2018, and again on January 2, 2019,
2100-685: The Third Circuit joined the D.C. Circuit and held that the March 2010 appointment of Craig Becker to the NLRB was invalid because he was not appointed between sessions. On June 26, 2014, in a 9–0 ruling on the case of NLRB v. Noel Canning , the United States Supreme Court validated this practice of using pro forma sessions to block the president from using the recess appointment authority. Justice Stephen Breyer wrote that
2175-697: The Torrey Botanical Club of Columbia College in New York and was an active member for many years, serving as president from 1893 to 1905. As the club's president, Brown served on the Botanical Garden Committee and became a principal founder of the New York Botanical Garden . Brown cited his role in the Botanical Garden's founding as his most significant public service, aside from his work in
2250-403: The advice and consent (confirmation) of the Senate, make appointments to high-level policy-making positions in federal departments, agencies, boards, and commissions, as well as to the federal judiciary . A recess appointment under Article II, Section 2, Clause 3 of the Constitution is an alternative method of appointing officials that allows the temporary filling of offices during periods when
2325-403: The 1940s, in part because intrasession recesses were less common at that time. Intrasession recess appointments have sometimes provoked controversy in the Senate, and some academic literature also has called their legitimacy into question. Legal opinions have also varied on this issue over time. Others argue that recess appointments were to be made only during inter-session recesses, which during
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2400-468: The Constitution , which provides that both Houses must consent to an adjournment. This tactic is especially used when either House of Congress is controlled by a different party than that of the president, the Senate or House may seek to block potential recess appointments by not allowing the Senate to adjourn for more than three days, blocking a longer adjournment that would allow recess appointments to be made. In order to combat this tactic from Congress,
2475-493: The Constitution allows for the Congress itself to determine its sessions and recesses, that "the Senate is in session when it says it is", and that the President does not have the unilateral right to dictate Congressional sessions and thus make recess appointments. However, the decision allows the use of recess appointments during breaks within a session for vacancies that existed prior to the break. Justice Breyer also noted that
2550-638: The Indian River, flow through the town. The southern corner of town is part of the Crane Pond Wildlife Management Area, and two other protected areas, the Riverbend Recreation Area and Mill Pond Recreation Area, are located in the northern part of town. The town's highest point is on Archelaus Hill in the center of town. Significant efforts have been made by residents to maintain the rural character of
2625-542: The July 29, 1878 solar eclipse were included in a report of the United States Naval Observatory . Brown met his first wife, Mary Chadwick Barrett, in 1846 at Bradford Academy, near West Newbury, as he studied to prepare for college. Together they studied astronomy, in which she excelled. Informally engaged since his days at Amherst, they married on January 1, 1856, when financially able to maintain
2700-585: The New York Botanical Garden to endow a botanical journal. The periodical was to be named for Brown and to contain color plates illustrating plants of the United States and its territories. This publication, named Addisonia , was issued between 1916 and 1964. Brown was also a serious amateur astronomer. He was a founding member of the New York Academy of Science 's astronomy section. Brown's Colorado mountaintop observations of
2775-406: The President to decide when the Senate is in recess would demolish the checks and balances inherent in the advice-and-consent requirement, giving the President free rein to appoint his desired nominees at any time he pleases, whether that time be a weekend, lunch, or even when the Senate is in session and he is merely displeased with its inaction. This cannot be the law." Also, on March 16, 2013,
2850-481: The Senate is not in session. It was anticipated that the Senate would be away for months at a time, so the ability to fill vacancies in important positions when the Senate is in recess and unavailable to provide advice and consent was deemed essential to maintain government function, as described by Alexander Hamilton in No. 67 of The Federalist Papers . In modern times, the Senate is in session nearly year-round, making
2925-609: The Senate was for all intents and purposes recessed. Republicans in the Senate disputed the appointments, with Senate Minority Leader Mitch McConnell stating that Obama had "arrogantly circumvented the American people" with the appointments. It was expected that there would be a legal challenge to the appointments. On January 6, 2012, the Department of Justice Office of Legal Counsel issued an opinion regarding recess appointments and pro forma sessions, claiming, "The convening of periodic pro forma sessions in which no business
3000-520: The U.S. Constitution only grants the president the authority to adjourn Congress if it is unable to agree on a date of adjournment, and both Speaker of the House Nancy Pelosi and Senate Majority Leader Mitch McConnell indicated that they would not alter the planned date of January 3, 2021. The Senate or House may seek to block potential recess appointments by not allowing the Senate to adjourn under Article 1, Section 5, Clause 4 of
3075-427: The United States during a congressional recess in 1795. Because of Rutledge's political views and occasional mental illness, however, the Senate rejected his nomination, and Rutledge attempted suicide and resigned. Almost every president has used recess appointments to appoint judges, over 300 such judicial recess appointments before 2000, including ten Supreme Court justices . New Jersey judge William J. Brennan
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3150-574: The West Newbury Library Association. West Newbury, Massachusetts West Newbury is a town in Essex County, Massachusetts , United States. Situated on the Merrimack River , its population was 4,500 at the 2020 census . Originally inhabited by Agawam or Naumkeag peoples, West Newbury was settled by English colonists in 1635 as part of neighboring Newbury . After 15 years of English colonization,
3225-678: The West Newbury Riding and Driving Club throughout the riding season. Additionally, the Myopia Hunt Club holds an annual fox hunt through the town during the fall. Efforts to maintain West Newbury's rural charm have been ongoing; the Town has purchased large swaths of land designated as Open Space by the West Newbury Open Space Committee. Along with neighboring Merrimac and Groveland , it
3300-415: The administration of Ulysses S. Grant . Brown refused to extradite Dana from New York to Washington, D.C. , holding that before extradition may occur, an offense must be shown and regular procedures followed. Due to physical disabilities, Brown resigned from the court in 1901. The New York Times stated upon his retirement that Brown was "regarded as one of the most hard-working and painstaking Judges on
3375-403: The appointee. Regardless of the Senate continuing to hold pro forma sessions, on January 4, 2012, President Obama appointed Richard Cordray and others as recess appointments. White House Counsel Kathryn Ruemmler asserted that the appointments were valid, because the pro forma sessions were designed to, "through form, render a constitutional power of the executive obsolete" and that
3450-533: The appointment of officers and as vacancies might happen in their recess , which it might be necessary for the public service to fill without delay. Michael B. Rappaport, writing in 2005 in the UCLA Law Review , argues for a revised understanding of the meaning of the word "recess" in the Clause, and that it permits appointments "only when an office becomes vacant during a recess and when the... appointment
3525-447: The bench." In the year following his retirement, Harvard honored him with an LL.D. Newspaper accounts called Brown not only a great jurist, but also a great scientist, learned as a botanist and to a lesser degree as an astronomer. Obituaries noted his versatility and compared him to polymath poet and doctor Oliver Wendell Holmes Sr. Modern sources have also recognized his wide range of pursuits and accomplishments. In 1875, Brown joined
3600-423: The bride was said to be attractive and charming: "Not a little romance is connected with their courtship." Others described surprise that Brown, active in numerous elite New York social clubs, managed to keep the impending wedding secret. The couple pursued joint scientific interests, and had three sons and a daughter. Stricken with paralysis, Addison Brown died at his Manhattan home on April 9, 1913, at age 83. He
3675-434: The early days of the country lasted between six and nine months, and were therefore required to prevent important offices from remaining unfilled for long periods. The view holds that the current interpretation allows appointments to be made during recesses too brief to justify bypassing the Senate. Most recently, however, as partisanship on Capitol Hill has grown, recess appointments have tended to solidify opposition to
3750-541: The east, Newbury to the southeast, Groveland to the southwest, and Haverhill to the west. The Rocks Village Bridge across the Merrimack River is the only access to the northern banks of the river in town; there is no direct route into Merrimac and Amesbury. West Newbury is separated from Newburyport by the Artichoke River and its upper and lower reservoirs. Several other rivers and brooks, including
3825-608: The eastern corner of town, with an exit lying just over the line in Newbury providing access to the town. Massachusetts Route 113 is the main road through town, roughly parallel to the contour of the Merrimack River. The town lies between the termini of two lines of the MBTA Commuter Rail , the Haverhill Line to the west and Newburyport/Rockport Line to the east. A small airstrip, Plum Island Airport (2B2),
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#17327975728243900-533: The firm of Bogardus and Brown. That firm prospered until its dissolution in May 1864, when Brown formed Stanley, Langdell & Brown with longtime friends. He remained in that partnership (later named Stanley, Brown & Clarke when Langdell left to become dean of Harvard Law School) until his judicial appointment in 1881. Brown stated that when deciding on a path after college, he found a business career not to his taste, inasmuch as he had no interest in "mere wealth" or
3975-475: The following works: At age 81, Brown began work on a revised and expanded edition of Illustrated Flora, which contained over 2,000 pages and some 5,000 illustrations. With his co-author Britton, he worked on this for the rest of his life, even as his health failed. Brown died four days after the first bound copies were shipped. At his death, Brown's single largest charitable bequest—200 shares of United States Steel preferred stock worth $ 21,750 in 1913—was to
4050-407: The hope that appointees might prove themselves in office and then allow opposition to dissipate. According to Henry B. Hogue, writing for the Congressional Research Service : Recent Presidents have made both intersession and intrasession recess appointments [those between sessions/Congresses and those within sessions, respectively]. Intrasession recess appointments were unusual, however, prior to
4125-530: The house. In 1952, Julian D. Steele became the first African-American town Moderator in Massachusetts when he was elected to the position in West Newbury. The town's oldest continually-operating farm is Long Hill Orchard. The farm has been active since 1896, and has a long and intriguing history. Today, in addition to the apple orchard, the farm is home to a popular community-supported agriculture program and farm to table dining events. West Newbury
4200-459: The investors a 7% return and Brown any amounts over that. This allowed him to engage in more real estate ventures. Brown stated, "The handling of considerable funds in that way for many years not only brought me considerable gains beyond my law business proper, but also gave me much credit as a responsible person, and attracted clients in the building business, and it thus much enlarged my own contributions to our strictly law practice." Brown received
4275-471: The judiciary. He wrote that organization's charter in 1891 and in that year donated the initial $ 25,000 (which he viewed as "quite out of proportion to my means at that time") toward the $ 250,000 in private seed money required pursuant to the New York legislature's authorization for municipal contributions. Brown traveled to collect botanical specimens, maintained an extensive botanical library, wrote many notes for Torrey Botanical Club publications and published
4350-613: The last full day of the 115th United States Congress , that lasted several minutes. On April 15, 2020, while Congress was holding pro forma sessions due to the recess during the COVID-19 pandemic , President Trump threatened to adjourn both houses of Congress in order to make recess appointments for vacant positions such as the Federal Reserve Board of Governors and the Director of National Intelligence . However,
4425-681: The last two years of the Bush administration, Democratic Senate Majority Leader Harry Reid sought to prevent recess appointments. Bush promised not to make any during the August recess that year, but no agreement was reached for the two-week Thanksgiving break in November 2007. As a result, Reid did not allow adjournments of more than three days from then until the end of the Bush presidency by holding pro forma sessions. Prior to this, there had been speculation that James W. Holsinger would receive
4500-509: The late 1850s and remained active in Republican politics while neither seeking nor obtaining a political position prior to his judgeship. Brown's 20-year judgeship was described as prolific and distinguished. He was credited as having written between 1,600 to over 2,000 decisions, many of them concerning admiralty, bankruptcy, and extradition. His most famous case involved the libel charges against journalist Charles Anderson Dana brought by
4575-450: The measure for decades. On June 14, 1820, the legislature passed another act to change the name to West Newbury. West Newbury has evolved from a rural farming town into a community facing the issues of balancing development and need for affordable housing against the townspeople's desire to maintain West Newbury's rural charm and character have been in play for at least fifty years. In 1969 local writer Margaret Coit called West Newbury
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#17327975728244650-453: The practice in NLRB v. Noel Canning (2014). Appointments made during a recess must be confirmed by the Senate by the end of the next session of Congress , or the appointment expires. In current practice, this means that a recess appointment must be approved by roughly the end of the next calendar year and thus could last for almost two years, if made early enough in the year. In situations where
4725-413: The president can adjourn Congress under Article II section 3 of the Constitution, which states: He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to
4800-674: The president could force a recess if he had enough congressional support: "The Constitution also gives the President (if he has enough allies in Congress) a way to force a recess. Art. II, §3 ('[I]n Case of Disagreement between [the Houses], with Respect to the Time of Adjournment, [the President] may adjourn them to such Time as he shall think proper'). Moreover, the president and Senators engage with each other in many different ways [*28] and have
4875-587: The recess appointment mechanism far less necessary or useful for upkeep of government function. Nonetheless, in recent times this power has also been controversially used as a political tool to temporarily install an unpopular nominee by sidestepping the Senate's role in the confirmation process; the Senate has taken measures from time to time to prevent a president from making recess appointments, specifically by holding pro forma sessions . The Supreme Court affirmed that pro forma sessions are sufficient to prevent recess appointments and addressed other intricacies of
4950-617: The start to transfer to Harvard University in his sophomore year. While at Harvard, Brown earned money as the college organist and unhappily spent some summer months as a village school teacher. Brown befriended and roomed with his Harvard classmate Horatio Alger and counted Ephraim Whitman Gurney (who became a professor of philosophy and history and dean of the Harvard faculty) as his closest college friend. Brown received an Artium Baccalaureus degree in 1852 from Harvard University, ranked second in his class. Joseph Hodges Choate , who became
5025-541: The story ends is patterned after West Newbury's Old Town Hall. West Newbury also provided the geographical inspiration for the Mad Scientists' Club series of stories by Bertrand R. Brinley . Portions of John Cena 's music video, "Right Now", were shot in West Newbury, with the remainder filmed at Hampton Beach, New Hampshire . In the late summer and fall of 2008, various scenes from Mel Gibson 's film Edge of Darkness were shot on Church Street. West Newbury
5100-403: The time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. [emphasis added] According to Article II Section 2 of the Constitution, the president can appoint or fill up the vacancies that happen during
5175-503: The town through advocacy for the preservation of open spaces. West Newbury is well known for its many hills: Pipestave Hill, Archelaus Hill, Brake Hill, Ilsey Hill, Indian Hill, Long Hill and Meetinghouse Hill. According to the United States Census Bureau , the town has a total area of 14.7 square miles (38.1 km ), of which 13.4 square miles (34.8 km ) is land and 1.3 square miles (3.3 km ), or 8.65%,
5250-417: Was 2.98 and the average family size was 3.25. By age, 30.0% were under the age of 18, 4.3% from 18 to 24, 27.0% from 25 to 44, 29.9% from 45 to 64, and 8.8% were 65 years of age or older. The median age was 39.6 years. For every 100 females, there were 99.5 males. For every 100 females age 18 and over, there were 93.9 males. The median income for a household in the town was $ 164,250, and the median income for
5325-479: Was appointed to the Supreme Court by President Dwight D. Eisenhower in 1956 by a recess appointment. This was done in part with an eye on the presidential campaign that year; Eisenhower was running for reelection, and his advisors thought it would be politically advantageous to place a northeastern Catholic on the court. Brennan was promptly confirmed when the Senate came back into session. Eisenhower, in
5400-578: Was elected West Newbury's town meeting moderator. He was the first African-American town moderator in Massachusetts, and remained the only African-American town moderator in the state for at least a decade. Of 1,686 households in 2010, 46.6% had their own children under the age of 18 living with them, 76.8% were married couples , 6.2% were a female householder with no husband present, and 15.0% were non-families. 11.9% of all households were made up of individuals, and 5.2% were individuals living alone who were 65 years of age or older. The average household size
5475-611: Was established in the 1850s, is located along the Artichoke Reservoir During the 19th century, West Newbury was home to a vibrant industrial scene. The town was renowned for its comb making industry. Beginning in the 1840s, small home-based comb shops gave way to large-scale factories that produced horn combs and hair adornments. S.C. Noyes, located at 320 Main Street, was the last remaining comb factory in town and shut its doors in 1904. In addition to comb making,
5550-543: Was interred in a sarcophagus at Woodlawn Cemetery in The Bronx . Brown's estate was estimated at $ 750,000. While the bulk of his bequests were in trust for his children, Brown left $ 40,000 to charities, principally the bequest to the New York Botanical Garden magazine, and scholarship prizes for Harvard University and Amherst College. Smaller gifts went to organizations ranging from the Tuskegee Institute to
5625-622: Was widely disputed. The first such challenge was announced in April 2012, disputing a National Labor Relations Board ruling made following the Obama appointments. On January 25, 2013, in the first circuit case to rule on the validity of the January 4, 2012, appointments, Chief Judge David Sentelle , writing for a unanimous three-judge panel for the U.S. Court of Appeals for the D.C. Circuit , wrote "an interpretation of 'the Recess' that permits
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