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Presidential Authority to Call a Special Session of Congress
Www.justice.gov ^ | Oct 17, 1947 | George T Washington

Posted on 04/15/2020 3:10:09 PM PDT by House Atreides

The question has been raised as to whether the President has authority to call a special session of the Congress in view of Senate Concurrent Resolution 33, pursuant to which the Congress now stands adjourned. That resolution provides that the Congress stands adjourned until January 2, 1948, unless in the meantime the President pro tempore of the Senate, the Speaker, and the majority leaders of both Houses jointly notify the members of both houses to reassemble. Article II, Section 3 of the Constitution provides that the President may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper. The following provisions of the Constitution are also pertinent: Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days . . . (art. I, § 5, cl. 4).

(Excerpt) Read more at justice.gov ...


TOPICS: Culture/Society; Government
KEYWORDS: nonbreakingnews
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The President just announced that HE will adjourn Congress if he cannot get them to do so in their continual absence. I didn’t think that authority existed but it does.

I recommend reading the source document. The press will have CONNIPTIONS over this. Get popcorn ready.

1 posted on 04/15/2020 3:10:09 PM PDT by House Atreides
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To: House Atreides

It all sounds quite arcane but one thing is certain, the ‘rats don’t play by the rules, arcane or otherwise.


2 posted on 04/15/2020 3:14:28 PM PDT by Buttons12 (Bad flu got you down? Take Anecdotal for fast relief!)
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To: House Atreides

I’d love to hear what Ted Cruz has to say about this. Like him or not, he’s got a sharp mind when it comes to constitutional matters.


3 posted on 04/15/2020 3:16:00 PM PDT by Alberta's Child ("And somewhere in the darkness ... the gambler, he broke even.")
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To: House Atreides

If he actually has the power to adjourn Congress, then he should do that until there is an extraordinary reason for Congress to be called back into session. What a way to cut new legislation, regulations (after the new legislation gives deep staters the right to regulate), and spending. Then he can proceed to shut down major portions of government. I’m having a nocturnal ...


4 posted on 04/15/2020 3:16:34 PM PDT by ConservativeInPA (It's official! I'm nominated for the 2020 Mr. Hyperbole and Sarcasm Award.)
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To: House Atreides

I googled and just found this document also just after the President made his statement.


5 posted on 04/15/2020 3:19:52 PM PDT by HapaxLegamenon
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To: ConservativeInPA

I am all for him pulling the plug on these hypocrites.

They serve no purpose except to raise doubts that America can be saved.

Like my tag says


6 posted on 04/15/2020 3:20:32 PM PDT by eartick (Stupidity is expecting the government that broke itself to go out and fix itself. Texan for TEXIT!)
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To: House Atreides
Amendment XX. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

That just overrides the date specified in the main Constitutional text. Is this a conflict?

7 posted on 04/15/2020 3:20:45 PM PDT by ConservativeInPA (It's official! I'm nominated for the 2020 Mr. Hyperbole and Sarcasm Award.)
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To: House Atreides

Wait a minute. Are both houses technically in recess? If so, time for recess appointments! THAT will get them to drag their lazy carcasses back to work. LOL!


8 posted on 04/15/2020 3:22:25 PM PDT by Mr. Rabbit
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To: eartick

The only thing I would add to your tag line would be the word ‘corrupt’ before government. As Will Rogers said “We have the best congress money can buy”. It is still true today.


9 posted on 04/15/2020 3:24:20 PM PDT by Starboard
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To: House Atreides

Yes he does have the authority to adjourn congress.

If they do not agree to come into session, or agree to adjourn, he may do so and run the country under existing laws afforded to him.

It has never been done before, but it is high time it is done now since the scum bitch from the Frisco area is playing her little cute games.


10 posted on 04/15/2020 3:24:31 PM PDT by crz
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To: ConservativeInPA

No-they have already met that requirement.


11 posted on 04/15/2020 3:26:04 PM PDT by crz
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To: ConservativeInPA
He can adjourn, fire every mother-lovin' Swampie in DC, and replace them all with recess appointments.

Good times.

12 posted on 04/15/2020 3:26:08 PM PDT by grey_whiskers (The opinions are solely those of the author and are subject to change with out notice.)
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To: ConservativeInPA

No. It’s been done before.


13 posted on 04/15/2020 3:26:37 PM PDT by jjotto (“Blessed are You LORD, who crushes enemies and subdues the wicked.”)
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To: HapaxLegamenon

“I googled and just found this document also just after the President made his statement.”
***********************************************************
He’s very clearly pissed that Congress is, essentially, de facto AWOL and not voting his judicial and executive nominees to be either confirmed or not confirmed. And while not conducting confirmation votes they don’t “formally” adjourn so he could name recess appointments. Now maybe Congress will get off their dead asses. And maybe Lindsey Graham will finally do away with the Blue Slip process for District Court judges.


14 posted on 04/15/2020 3:27:05 PM PDT by House Atreides (It is not a HOAX but it IS A PRETEXT)
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To: House Atreides

The opinion cited allows the President to convene a Congress.
President Trump is trying to do the opposite, adjourn the Congress.

You need to cite an opinion or ruling allowing him to formally adjourn, not convene.

I hope there is such a court ruling.


15 posted on 04/15/2020 3:29:11 PM PDT by oldbill
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To: Alberta's Child

Yes, if Trump didnt win, I considered voting for him and there does have a lot of Cruz haters on FR haha. I could tell the number of Ted Cuz car stickers I saw in L.A when he was running..


16 posted on 04/15/2020 3:29:29 PM PDT by max americana (Fired ONE libtard at work at every election since 2008 because I enjoy them crying)
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To: oldbill

There is discussion in the ruling cited, but the conclusion only refers to convening.
I hope I am wrong.


17 posted on 04/15/2020 3:31:23 PM PDT by oldbill
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To: oldbill

The opinion cited allows the President to convene a Congress.
President Trump is trying to do the opposite, adjourn the Congress.
******************************
Article 2, Section 3 of the Constitution. See the attached document.


18 posted on 04/15/2020 3:32:35 PM PDT by House Atreides (It is not a HOAX but it IS A PRETEXT)
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To: oldbill

Article 3, Section 3.

Go read it.

L


19 posted on 04/15/2020 3:33:12 PM PDT by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: ConservativeInPA

That amendment you refer to effects Art 1 Sec 4. clause 2

Has nothing to do with Art 2 Sec 3


20 posted on 04/15/2020 3:35:28 PM PDT by crz
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