Can trump really adjourn Congress?

[jpak]

[bluestarone]

1. I would say

FUCK NO!

[Blaukraut]

2. I'd like to know, too. Seems this is the most important thing he said today. n/t

[FloridaBlues]

3. Did he say this today at his daily rally?

[jpak]

15. Yup

Be afraid

[elleng]

4. Article II, Section 3, Clause 3 also authorizes the president to adjourn Congress if

the House and Senate cannot agree on the time of adjournment; no president has ever had to exercise this administrative power.

https://en.wikipedia.org/wiki/Article_Two_of_the_United_States_Constitution

[unblock]

12. interesting, and scary. sounds like they could engineer a disagreement with the house

at which point donnie could shut down congress until december.

then he could make all the recess appointments he cared to make.

then donnie could call an emergency session of the senate only, and resume approving right-wing judges.

doesn't seem like the house could do much about it. that said, nothing keeping them from informally meeting and investigating, they just can't pass actual legislation....

[MineralMan]

31. +1000

Someone has not read the entire sentence. Someone named Trump.

[ProfessorGAC]

35. You Left Out A Conflicting Prior Clause

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;

The way this is written, it seems the privilege to adjourn is contingent upon the president convening the session.

The word "and" connects the 2 clauses.

Would need a legal expert to interpret, but I don't think this says what Trump & Barr think it says.

[AJT]

5. Yep

Article II, Section 3 both grants and constrains presidential power. This Section invests the President with the discretion to convene Congress on “extraordinary occasions,” a power that has been used to call the chambers to consider nominations, war, and emergency legislation. It further grants the President the authority to adjourn Congress whenever the chambers cannot agree when to adjourn, a power that no President has ever exercised.

[dweller]

7. when did the chambers not agree to adjourn?

and when is the normal date of adjournment?
🤔


✌🏼

[unblock]

13. yeah, donnie can't do this unilaterally, but he could with senate cooperation

if the senate were to deliberately disagree with anything the house suggested.

not sure the senate would go for that, though. they don't like recess appointments even when it's by a president of the same party. they like having a say....

[dweller]

19. it specifically states 'adjournment'

and disagreeing between chambers on adjourning

✌🏼

[unblock]

20. right, so if the senate deliberately disagrees with the house as do when to adjourn,

then donnie can pick the date they will adjourn to.

[dweller]

24. when is the date of adjournment ?

Jan 2?

✌🏼

[unblock]

26. i think either house can move to adjourn to any date they choose

by majority vote.

i think it's just a simple motion.

[dweller]

28. but they have not, correct?

nor are they in disagreement on the date... those are the specifics of Article 2, clause 3 ..

Jan 2 is the date they adjourn to, or reconvene normally

✌🏼

[unblock]

30. They are not currently in disagreement.

I'm just saying republicans could create such a disagreement if they were inclined to do so.

[dweller]

32. disagreement concerns adjournment date only

not other disagreements

✌🏼

[unblock]

33. Yes. At any point, the senate could move to adjourn to a different date

Thus creating a disagreement.

[dweller]

34. how many votes needed to pass?

🤔

✌🏼

[unblock]

40. I think it's simple majority

[dweller]

42. well ...

Romney?
Collins
Manchin?

🤔

✌🏼

[unblock]

43. I actually don't see them going for it

I don't see even republicans liking the idea of shutting congress down just to allow Donnie to make some recess appointments.

[tinrobot]

38. I can see the ad: "The nation was in crisis, and Senator XXXX voted to go on vacation."

This would not be without consequences. There is definitely some risk for those up for election.

[unblock]

41. Absolutely. I think it would be horrible for Donnie as well

Shutting down congress during a pandemic is almost as terrible as trying to cut off funding for the world health organization during a pandemic, but here we are....

[AJT]

22. Well, he has the senate...

[ProfessorGAC]

36. Read The Actual Paragraph

Your pasted piece is a Wiki summary.
My take is that the power to adjourn is contingent on the fact that POTUS convened a special session.

[dweller]

44. i think you replied to me ?

so, as that has not happened, special session as you say, then he cannot..
agreed?

i actually think he is bs'ing as usual

✌🏼

[ProfessorGAC]

45. I Did

If I'm reading it correctly, yes. Might be some legal legerdemain I don't grasp, though.

[lapfog_1]

6. nope

but he could ask all of the Repuke Senators and Congress people to adjourn.

In the House they would need 1 Repuke asshole (and they are all assholes) to do a quorum call and then all the Dems would have to be there to establish quorum.

[totodeinhere]

10. No, he does have the authority but it has never been used before.

https://en.wikipedia.org/wiki/Article_Two_of_the_United_States_Constitution

[Celerity]

14. Where do you see one Rethug is needed for a quorum or that all the Dems need be present?

I see no requirement of either in the House Rules.



http://clerk.house.gov/legislative/legfaq.aspx

10. What is a quorum?

A quorum in the House of Representatives is when a majority of the Members are present. When there are no vacancies in the membership, a quorum is 218. When one or more seats are vacant, because of deaths or resignations, the quorum is reduced accordingly. Because of Members' other duties, a quorum often is not present on the House floor. But any Member may insist that a quorum must participate in any vote that takes place in the House. If a Member makes a point of order that a quorum is not present, and the Speaker agrees, a series of bells ring on the House side of the Capitol and in the House office buildings to alert Members to come to the Chamber and record their presence.

[lapfog_1]

18. someone would have to call for the qourum.

I don't think any Democrat would do it.

Just like the one asshole from KY(?) to pass the $2T bailout called and enough Democrats (and Republicans) showed up and were counted as "present".

[Celerity]

21. oh, you are talking about a singular instance, i though you meant in general

[Bored5783]

8. In extraordinary cases

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,

And I don’t think recess appointments count as an extraordinary or an emergency. He’s speaking to his base. Now he can say “I couldn’t do anything because of Congress”. Shifting the blame and moving the goalposts. Right now he’s in trouble and desperate. He knows he’s losing the moderate wing of his party. Plus he’s worried once Biden is sworn i, he going be handcuffed boarding Special Envoy One ( I think that’s the name for Marine One for the former president on Inauguration Day) and flown to Gitmo.

[Ellipsis]

11. Welcome to the board sir/maam. n/t

[Bored5783]

23. Thank You

I’ve been coming since 2003. Never signed up but always enjoyed site and the intelligent discussions. And it’s Sir lol.

[dalton99a]

9. Barr has been working overtime to find ways to increase Trump's dictatorial powers

[Celerity]

17. this is SO true, I think far beyond the attention it has been given overall

all sorts of devious machinination are loaded up and in the firing line between now and January 20th, 2021

[coti]

16. Of course he can't. nt

[mercuryblues]

25. Don't think for one minute

that his white house has not been looking at ways to do this since day 1.

Do not think that he does not have the full support and cooperation of the entire republican party.

[lindysalsagal]

27. Try to imagine the screaming if the dems did it to them...

[dalton99a]

29. +1

[Generic Brad]

37. Can he reopen the country on May 1st?

Can he have a Jared/Ivanka COVID-19 task force?
Can he defund the WHO?

Rhetorical questions, but the answer is no to every one of them. The "most powerful man in the world" is a just weak ass con man.

[UncleNoel]

39. Jonathan Turley @JonathanTurley Senators of both parties should vote to support the congressional

I like that line (from a law professor, I forgot who, on Twitter.

He can do it if Mitch agrees which means it is really up to the Senate not Trump.

It is a strange position we are in in which the onus for reigning in Trump's authoritarian impulses are with the Repulicans in the Senante and the conservatives on the Supreme Court.

God help us that there are enough sensible Repubs to shut this beast down.

Otherwise, the ultimate solution is to kick him out in November. It seems a long time to wait and the damage to the economy and the lives lost until then are staggering.

Again, God help us.

Let's just get Joe in as soon as possible and start the long process of cleaning out the Augean Stables (Hercules' Fifth Labor).