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BumRushDaShow

(146,629 posts)
49. "That only says the President can adjourn Congress if the House and Senate disagree"
Thu Jan 23, 2025, 06:29 AM
Jan 23

Oh we all know this BUT that is where the GOP majority in both chambers, can "MANUFACTURE A 'DISAGREEMENT'" in order to allow this invocation if 45 (I refuse to call him 47) demands it.

We will have to see if they plan to stoop that low but don't be surprised if they do. The GOP legal tyrants have been testing EVERY loophole and vaguery in the Constitution so far (like the "immunity" nonsense) and may end up doing so here.

Democrats are doing what the GOP had been doing whenever we were in charge (going back to the Obama era when they took the volume up to 11) - blocking and stalling, and in our case, rightly so for the parade of abject lunatics and criminals who have been proffered to be appointees.

A Recess Appointment is still a temporary thing and only in effect for that Congressional session's time period.

Ever since Shrub Recess-appointed Bolton as U.N. Ambassador over the objections of not only Democrats but Republicans as well, the Senate has included a pretty much "standard" Rule to do "Pro Forma" sessions every 3 days (following the Constitution's 3-day requirement to either shit or get off the pot ).

Bolton Is U.N. Envoy as Bush Bypasses Senate

This is where someone (usually a "local" Senator from VA or MD or even DE) will go to the chamber, gavel it in as a "President Pro-Tempore", and they will go through their "Morning Business" routine of the Pledge of Allegiance, convocation, etc., will maybe have some speeches, read off a schedule, and then gavel into a "Recess Subject to the Call of the Chair", which is not a "technical" Recess or Adjournment but a "we're still in session and be ready to come back when notified".

Good discussion of this -

Blocking Recess Appointments

Congressional Institute
Dec 03, 2007


The Constitution (Article II, Section 2, Clause 3) specifically allows the President to make a temporary appointment to an executive branch position without Senate approval if the Senate is in recess. This appointment, known as a “recess appointment” allows the individual to serve in the position until the end of the current Congress. In this case, January 2009.

(snip)

The growing use of the recess appointment process is another sign of the strain between the two political parties in Washington. The Democrats control the Senate, but even when Republicans held control during the middle four years of President Bush’s two terms, the Democrats had sufficient numbers to block or filibuster any nominees they did not approve of. (This is not a partisan statement, the same thing applied when there was a Democrat president and a Republican Congress). Usually when frustration spills over, the President, either to spite the opposition or to make a political statement, makes a recess appointment to a disputed position. The appointment of John Bolton as Ambassador to the United Nations was an example of a nomination that was being filibustered in the Senate. The Senate could not break the Democrat filibuster and President Bush appointed Bolton to the job where he served until the end of the 109th Congress.

(snip)

Of course, if there is no recess, there can be no recess appointments. The House and Senate take several recesses through the year. Traditionally, they have taken a two-week recess for the Thanksgiving holiday. The Constitution says (Article I, Section 5, Clause 4) that “Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days…”

So, in order to allow the Senators to leave Washington for more than three days as if it were in a recess without actually declaring a recess, the Senate meets in what is called “pro forma” session once every three days. Pro forma means, “in form only.” In the case of a pro forma session of the Senate, the Senate convenes, the chaplain says a prayer, and Senate adjourns. The Majority Leader usually needs the cooperation of a majority party Senator who lives in Washington D.C. or represents one of the nearby jurisdictions. As long as the Senate conducts a pro forma session every three days it is never actually in recess and the President cannot make a recess appointment. In this way, Majority Leader Reid prevented President Bush from making any additional recess appointments over the Thanksgiving recess.


Back in 2014. the SCOTUS upheld the Pro-Forma sessions in a Ruling against then-President Obama when he challenged the Rule, insisting that the Senate really WASN'T doing anything during those 3 days and were thus "in Recess".

Supreme court rules against Obama on recess appointments

Recommendations

0 members have recommended this reply (displayed in chronological order):

Unbelievable DownriverDem Jan 22 #1
Per the Constitution Raven123 Jan 22 #3
But there is a loophole provision - normally reserved for "extraordinary" situations BumRushDaShow Jan 22 #7
Yes. Thanks. I added a similar post later. Raven123 Jan 22 #11
I expect the SCOTUS would punt BumRushDaShow Jan 22 #12
Another thought to consider Raven123 Jan 22 #15
Well Wilson was also in office during WWI BumRushDaShow Jan 22 #18
I think we know where Trump got his playbook Raven123 Jan 22 #19
Well we here in Philly BumRushDaShow Jan 22 #21
Wilson also seggretrated the civil service. IbogaProject Jan 22 #45
Trump has already declared two national emergencies. (border and energy) LudwigPastorius Jan 22 #31
He is not Charles I of England and the US Congress is not Parliament. wnylib Jan 23 #48
That only says the President can adjourn Congress VMA131Marine Jan 22 #34
"That only says the President can adjourn Congress if the House and Senate disagree" BumRushDaShow Jan 23 #49
The Constitution is also quite clear birdographer Jan 22 #10
So, dictator from day 1 to forever. NotHardly Jan 23 #57
He cannot dissolve or adjourn Congress pfitz59 Jan 22 #2
Democrats had better kacekwl Jan 22 #4
See my post upthread BumRushDaShow Jan 22 #8
Start the impeachment process. Then follow it up with another one for Vance. Rinse and repeat. chowder66 Jan 22 #5
Charles I dissolved Parliament, claiming he could rule Ocelot II Jan 22 #6
Here is a link to a more detailed discussion Raven123 Jan 22 #9
I'm hoping for a way out ... what won't be an "extraordinary occassion"? BadgerKid Jan 22 #13
I'll ask again, "Who is going to stop him" ? republianmushroom Jan 22 #14
Well there's always the Supreme Cour...... Ha ha ha ha ha Ray Bruns Jan 23 #53
I understand. republianmushroom Jan 23 #55
While I'm sure Trump would want to do it right now jgmiller Jan 22 #16
How would this actually work? jgmiller Jan 22 #17
MMW... there is a line he will cross & this sh*t will blow up. NotHardly Jan 22 #20
Excellent point jgmiller Jan 22 #22
Still hard to believe the rethugs continue to roll over for this bloviating, lying... brush Jan 22 #29
Perhaps WestMichRad Jan 22 #23
He said he was going to be a dictator Blue_Tires Jan 22 #24
I'm not going to believe him. He doesn't have a clue. Martin68 Jan 22 #26
He is surrounded by thousands who do. Evolve Dammit Jan 23 #50
Wait until he ignores an adverse ruling from a federal judge VMA131Marine Jan 22 #36
He's already done that before Blue_Tires Jan 22 #39
The supreme court has no enforcement power. "Has neither purse nor sword." PSPS Jan 22 #43
And even if they did Blue_Tires Jan 22 #46
That's just Trump talking out of his ass. 90% of whaat he says is meaningless. Martin68 Jan 22 #25
All Trump needs to do is pull Republican congressional leaders into his office DBoon Jan 22 #27
We are dealing with a mob boss. Absolutely true. Trust_Reality Jan 22 #35
Following This Thread Baron2024 Jan 22 #28
He can't just rule by decree Diraven Jan 22 #30
He Might Try To Though Baron2024 Jan 22 #32
Congress can just come back Diraven Jan 22 #33
Okay Baron2024 Jan 22 #37
What legal basis? VMA131Marine Jan 22 #38
Okay Baron2024 Jan 22 #40
The President cannot spend money not appropriated by Congress VMA131Marine Jan 22 #41
Right Baron2024 Jan 22 #42
Congress Baron2024 Jan 22 #44
How does it work? Simple. He orders Thune and Johnson to shut down. Congress adjourns. Marcuse Jan 23 #47
If and when he shuts down Congress might he prefer to keep them out of the picture?? NoMoreRepugs Jan 23 #51
Water Please the Show is About to get Real for Donald J. Trump Oneear Jan 23 #52
"warns" (the headline) is different than "threatens" (the story) LastLiberal in PalmSprings Jan 23 #54
Been saying from Day 1 Owens Jan 23 #56
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