Replies

They are adjourned. There is a technical difference. I think.

I know that they used to have a senator go into the chamber every once in a while and call them into session. This was to prevent Obama from being able to appoint anyone.

Don’t think they’ve stopped. Remember, because of the rolling terms the Senate does not have different “Congresses.”

The Senate does not go into recess. Every three days, a Senator opens a pro forma session of the Senate and then immediately closes it. For whatever reason, three days has become the norm to determine how long the Senate can be not in session and not considered in recess.

Anything more than three days, the Senate will be considered in recess and the president can make recess appointments.

This was tested and went to the SC during Obama's second term and the SC confirmed that as along as the Senate opens a new session every three days, then the Senate is not in recess. McConnell did this to prevent Obama from making recess appointments and is doing the same to Trump.

Often, the recess appointments have been agreed to. During W's presidency, he would send a list of proposed appointees to the Senate and if either party did not object, they would be appointed.

It gets a little more complicated if you have split chambers, since each chamber has to give the other permission to recess. So for the current Congress, the House would not give the Senate permission to recess anyway, so the issue is kind of moot. If the House flips in 2020 and McConnell will agree to recess, then Trump will be able to make recess appointments.