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In reply to the discussion: Trump warns he'll adjourn Congress to make recess appointments. How would that work? [View all]Raven123
(6,258 posts)I just finished reading Woodrow Wilson, The Light Withdrawn by Christopher Cox, which discusses Wilsons life and career as it related to the movements concerning racial equity and womens suffrage.
Wilson went to Europe to pursue a treaty to establish a League of Nations. Notably Article 1 Section 4 stated Congress was to convene yearly on the first Monday in December and adjourn when business was completed. Wilson left after Congress adjourned and stayed away for a few months. What happened? No oversight, no investigation of government contracts, no consideration of the Anthony Amendment, no appropriation of money to fulfill government obligations. What did happen were recess appointments. Apparently the use of executive power during recess was common.
The Twentieth Amendment (1933) not only moved the inauguration date from March to January, it also changed the start date of Congress to January.
As you say, the GOP could do anything, but the Constitution is squarely on the side of the Senates role in appointments with this schedule.