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Can the President shut down the legislature?
US Constitution. | 1.17.19 | crz

Posted on 01/17/2019 10:43:58 AM PST by crz

Can the president of the United States convene or adjourn the legislature?


TOPICS: News/Current Events
KEYWORDS: olivercromwell
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Section 3 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 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.
1 posted on 01/17/2019 10:43:58 AM PST by crz
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To: crz

“The Constitution explicitly assigns the president the power to sign or veto legislation, command the armed forces, ask for the written opinion of their Cabinet, convene or adjourn Congress, grant reprieves and pardons, and receive ambassadors.”

Furthermore, he has the authority to “commission” to carry out the laws of the United States. Although he CAN NOT make law, he can carry them out.

He has the authority to suspend sessions of congress till he deems it proper to re-convene.

No president has ever used this power and it is within his constitutional authority to do so. Its a check for a out of control congress or a congress that will not do its job.


2 posted on 01/17/2019 10:45:34 AM PST by crz
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To: crz

LEGISLATIVE ROLE OF THE PRESIDENT
The clause directing the President to report to the Congress on the state of the union imposes a duty rather than confers a power, and is the formal basis of the President’s legislative leadership. The President’s legislative role has attained great proportions since 1900. This development, however, represents the play of political and social forces rather than any pronounced change in constitutional interpretation. Especially is it the result of the rise of parties and the accompanying recognition of the President as party leader, of the appearance of the National Nominating Convention and the Party Platform, and of the introduction of the Spoils System, an ever present help to Presidents in times of troubled relations with Congress.651 It is true that certain pre-Civil War Presidents, mostly of Whig extraction, professed to entertain nice scruples on the score of “usurping” legislative powers,652 but still earlier ones, Washington, Jefferson, and Jackson among them, took a very different line, albeit less boldly and persistently than their later imitators.653 Today, there is no subject on which the President may not appropriately communicate to Congress, in as precise terms as he chooses, his conception of its duty. Conversely, the President is not obliged by this clause to impart information which, in his judgment, should in the public interest be withheld.654 The President has frequently summoned both Houses into “extra” or “special sessions” for legislative purposes, and the Senate alone for the consideration of nominations and treaties. His power to adjourn the Houses has never been exercised.


3 posted on 01/17/2019 10:46:43 AM PST by crz
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To: crz

https://concurringopinions.com/archives/2011/09/the-filibuster-executive-power-and-the-presidents-power-to-adjourn-congress.html


4 posted on 01/17/2019 10:48:45 AM PST by crz
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To: crz

Have at it folks.

Opinions needed.


5 posted on 01/17/2019 10:49:46 AM PST by crz
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To: crz

BTW. He has to re-convene the congress once a year per the constitution.


6 posted on 01/17/2019 10:50:48 AM PST by crz
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To: crz

Could you imagine the heads explode if he did this, because not doing their job is true


7 posted on 01/17/2019 10:52:13 AM PST by Jimmy The Snake
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To: crz

Can Nancy cancel President’s Day ? LOL


8 posted on 01/17/2019 10:54:58 AM PST by butlerweave
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To: crz

Until a Federal Judge in Hawaii rules otherwise


9 posted on 01/17/2019 10:55:23 AM PST by cyclotic ( Democrats must be politically eviscerated, disemboweled and demolished.)
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To: Jimmy The Snake

I did research the opinions in the constitutional convention debates and YES, Morris, Sherman and Wilson talked about this very thing. They called it a “pure and unmixed” tyranny by cabal.

Of course, they also talked about tyranny by a monarch-since they were discussing the monarchy in Britain for comparison.

SO..although they did not like it, they needed to put in checks and balances for executive veto against this type of tyranny as well as impeachment against the executive to prevent a dictator...it seems.

Some, actually did not want an executive. So we know some of the opinions of the founders. More research is needed and I am about spent for a while.

The book I have is the Anti-Federalist Papers and Constitutional Convention Debates. By Ralph Ketcham.


10 posted on 01/17/2019 10:56:15 AM PST by crz
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To: crz

The answer is yes.

And there are many options available for a president to mute the House and Senate.

I think many people would be supportive of any president that exercised those options.


11 posted on 01/17/2019 10:58:26 AM PST by Blue House Sue
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To: cyclotic

Oh absolutely. Then he has a reason to postpone all legislative session until the matter is taken up by the SCOTUS.

If they rule against the constitution? Then who knows.


12 posted on 01/17/2019 10:59:58 AM PST by crz
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To: Jimmy The Snake

Congress should be deemed nonessential and thus furloughed without pay.


13 posted on 01/17/2019 11:00:47 AM PST by redshawk (0pansy is a Liar and Hates.........he just hates!)
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To: Blue House Sue

I wonder if Lincoln ever considered this instead of going the way he did.


14 posted on 01/17/2019 11:00:53 AM PST by crz
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To: crz

OK, so he adjourns it. Then what?


15 posted on 01/17/2019 11:04:07 AM PST by DoodleDawg
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To: crz

I like it. Trump to a joint session: “Get thee hence. You’ve sat too long for any good you might have done”.


16 posted on 01/17/2019 11:05:34 AM PST by PUGACHEV
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To: crz

Save this trump card (pun intended) for when the Dems begin impeachment proceedings ... and watch their collective heads explode.


17 posted on 01/17/2019 11:05:43 AM PST by taxcontrol
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To: cyclotic

“Until a Federal Judge in Hawaii rules otherwise.”

Having Federal Marshals pick him up would also be on the agenda.


18 posted on 01/17/2019 11:10:34 AM PST by vette6387
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To: vette6387

Breaking. Trump CANCELS Pelosi’d foreign trip. LOL


19 posted on 01/17/2019 11:23:48 AM PST by mplc51
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To: crz

This would seem to be the perfect setup to use it. Senate backs President. House is retarded.

But what would actually be gained by adjourning Congress?

It would be kind of fun to adjourn the house in response to Nancy’s disinvite of the State of the Union address.

I think it would infuriate the House. And Senate Rino’s could use it as an excuse to side with the democrats.

So I’m having a hard time imagining how this could be used to good effect.


20 posted on 01/17/2019 11:36:54 AM PST by DannyTN
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