If, for whatever reason, the Legislative branch cannot agree to matters that affect constitutionally appointed powers of the Executive, the President can adjourn Congress “to such Time as he shall think proper.”
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It would be exceptional and historic, but it looks like the President can tell Congress to go home.
Art. II, § 3 “…he 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;…”
If the Senate decides to adjourn and the House refuses, for purposes that impede the President’s constitutionally appointed duties, with the support of allies in Congress (in this instance the Republican Majority Senate), Donald Trump can tell Congress to go home and stay there until he calls them back.
The context, care of Reason.com, is the President’s mention of this power so that he may make critical or necessary recess appointments. The President has broad authority in that regard, but to exercise it, Congress would need to be out of session for at least 10 days. The President has the power if one Chamber is willing to go along with it.
At least that seems to be the opinion of the US Supreme Court. Justice Breyer, writing for the majority in NLRB v. Noel Canning (2014).
The Constitution also gives the President (if he has enough allies in Congress) a way to force a recess. Art. II, § 3 (“[I]n Case of Disagreement between [the Houses], with Respect to the Time of Adjournment, [the President] may adjourn them to such Time as he shall think proper”).
I expect that Mr. Trump made this statement to set the tops on the Left stwirling. These are the same folks who have been demanding that the man they declared a dictator actually behave like one. While simultaneously accusing him of tyranny. We’re talking about Democrats. He’s Hitler, Be Hitler, Stop being Hitler.
All in a day’s work for the bi-polar Leftists and their water-carrying media sycophants. Or, maybe I have the revered. Whatever the formula the “solution” is the question. He said it, not so much because he intends to do it but because saying it changes the game or the players in a way that he deems favorable to his final position.
That has been the pattern.
He gets up and tweets to spin the Left off into whatever direction he chooses then proceeds with other business while they shout and point and tell each other they were right about him.
Lifelong politicians being played by an “outsider” at almost every turn.
Trump has the Left repeatedly trapped in the spotlight, thinking in moments instead of in arcs. Rushing to the nearest microphone to spew their umbrage only to find it later in another campaign commercial cranked out by Team Trump.
I tell people this all the time. Nothing Donald Trump does appears to lack calculation. Be it at a rally or a daily briefing, a tweet, or as part of an important announcement. He says things to move pieces on a large board. Not always with perfection but with purpose.
What is his purpose in announcing a constitutionally appointed power of which almost no one has ever heard? An act that would make him look like that thing the Left insists he is.
I’m honestly not sure, but I can’t wait to find out.
