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 ...
pretextual
Trump spoke forcefully at the press conference that he did not want to adjourn Congress, but if the Democrats continue playing their political games of not approving his appointees to various positions,HE WILL!!!!!!
Yes they have been having fake gavels daily so he cant recess appoint even though they are not really in session. A pox - make it a virus on both houses.
Yep. Even Jonathan Turley admitted he has the power in the Constitution, but no one has ever used it. First time for everything.
Yertle needs to start confirming his appointees NOW or go home.
No, they already convened. They just didn’t adjourn.
Gosh. He could have done this during the impeachment hearings. That would have been a kick.
Trump is aware that whoever he recess appoints is gone come January 2nd right? They only serve until the end of the congressional term.
Trump is aware that whoever he recess appoints is gone come January 2nd right? They only serve until the end of the congressional term.
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He needs them in the war now.
Why not keep appointing people to fill slots as "acting"? He can do that regardless of whether the Senate is in session or out.
Yeah, don’t remind me. But Levin eventually got on the Trump train, although late has hell. I remember well his opinion of candidate Trump. I’d have to turn my radio off when Levin started on his rants.
It’s plain enough:
Article I Section 5
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days
Article II Section 3
in Case of Disagreement between them, with Respect to the Time of Adjournment, he [the President] may adjourn them to such Time as he shall think proper,
BOTTOM LINE
Since Democrats hold the House of Representatives, they can prevent the Senate from adjourning long enough for the President to make recess appointments. But, if the Senate wants to adjourn, and the Houses doesnt, the President can intervene to adjourn Congress.
I can relate - some don't understand the full power and authority a President holds under certain circumstances - we are blessed with one who not only knows, but is also loath to use it unless absolutely necessary....because semi-sane folks will heed the hints that it could be used and he prefers to give folks a chance to either do what's right before administering the bitch slap...
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