Presidential Authority to Call a Special Session of Congress

Www.justice.gov ^ | Oct 17, 1947 | George T Washington

[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).

[hinckley buzzard]

Try Article 2 Section 3 of the US Constitution.

NO “opinion’ Needed.

[oldbill]

Thanks for the information.

Regarding convening, it seems the Constitution is clear and unambiguous that his power is absolute.

Regarding adjourning, the language is not absolute in its power, it is dependent upon what is the meaning of “disagreement” regarding the process and definition of adjournment.

It awaits a Supreme Court decision which I don’t trust with Roberts rewriting the rules as he whims.

I hope he does exercise the adjournment powers.
It is criminal that they can adjourn, but not call it adjournment if just one guy shows up every third day.

[oldbill]

See post 42

It is NOT clear regarding adjournment. The power for adjournment is conditional.

Does it apply to disagreement only in regard to the time of adjournment, or any disagreement in general.

Big difference.

[Go Gordon]

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.

You mean like continuing to approve judges?

[crz]

According to what I have read concerning this, is it was put into the constitution by the founders in case of a out of control congress.

I have a book on the constitutional convention and anti-federalist papers. It is in there if I remember correctly.

[Go Gordon]

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

If the president is pissed that congress is not in session, and he needs them in session to get things accomplished, AND everyone agrees that he has the power to convene Congress, why doesn't he just convene Congress?

[Governor Dinwiddie]

One opinion that is worth hearing would be Mark Levin's. He is Mister Constitution.
 

[bobsunshine]

Glad Trump will exercise his authority to adjourn Congress if they don't come back to work. Found the following article from 2012 from the Daily Beast when they wanted Obama to do the same thing. Interesting that the Liberals wanted Obama to do it, but he was too weak. Wonder if the Daily Beast decides it's illegal when Trump might do it? Read and Enjoy adjourn Congress

[Principled]

i agree oldbill.

all 50 states in state of emergency and nancy saying she isn’t coming back

it’s a done deal

I am certain that none of them thought that Trump would use this emergency to his advantage Ha Ha

moar winnamins please

[hardspunned]

And the Turtle’s response?

[House Atreides]

Good find!

[foreverfree]

bump

[Balding_Eagle]

One opinion that is worth hearing would be Mark Levin's. He is Mister Constitution.

You mean the guy who spent 6 months doing everything he could, spending nearly every minute of his radio show making sure none of his listeners would vote for Trump?

THAT Mark Levin?

[fuzzylogic]

He accused them of “dereliction of duty” and said this power hasn’t been used before.

...popcorn.

[DesertRhino]

Why does Mitch McConnell always put the senate in to pro forma session? That SOB started doing that in 2017 when he was acting like Trump was a Russian spy.

[skimbell]

Trump needs to add a "w/o pay" note to the adjournment notice.

[21twelve]

I agree that this “state of Emergency” can be used - and justified by appointing certain key positions related to health, finances, food, etc.

It is nuts that the Congress on one hand says they are in “recess” and Pelosi showing off her $800 stash of ice cream in California, but they leave some poor slob in D.C. to call to order a meeting just so they aren’t in “recess”. (Talk about doublespeak.)

[DesertRhino]

Yeah, and also the jackass from Kentucky. Mitch always puts the Senate into a pro forma session specifically to prevent recess appointments. A lot of this bull crap plays right at the feet of Republicans

[DesertRhino]

If a cop wants to pull you over to search for dope, and they can prove he formed the intent to do so and then search for a reason such as one mile over the speed limit, that is called a pretext stop and gets thrown out in the courts. Mitch McConnell refusing to adjourn the Senate into recess and calling a pro forma session is a pretext session.

[DesertRhino]

We keep talking about Pelosi. Mitch McConnell could open the US Senate and work during a crisis. Also, he could adjourn the Senate and let Trump do some recess appointments. This is all at the feet of the damn turtle with the Chinese wife.