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(24,259 posts)
64. Constitutionally he 'could' deliver it to the senate since...
Wed Jan 23, 2019, 06:31 AM
Jan 2019

the senate is the "congress" too. Constitutionally he can give it in written form only. According to the Constitution he can also WAIT since it the wording is "from time to time'.

While we tend to think not it as traditional for the president to give his State of The Union report in the spoken form in the House Of Representatives with a written form given in advance it's not always been done this way and doesn't have to be.

Oh, and I've not found anything that says the president's report is "congressionally mandated" to be given on the 29th. What I did find however is although an invitation was issued, neither the Senate nor the House has passed the necessary resolution yet. Perhaps this is what the writer is thinking of but there's no '"mandate" yet.

WaPo has a very informative article on the history of the State of the Union. If needed I suggest using 'private browsing' to view the rest of it but below are what I consider the major points pertaining to this...
Does Trump have to give a State of the Union speech? No.

WASHINGTON — The U.S. Constitution mandates in Article II, Section 3 that presidents “shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient.”

But the Constitution offers no specifics on how that should be done. Indeed, the modern State of the Union address — the pageantry, the televised address and the agenda-setting message — is a far more recent phenomenon. And the practice of delivering an in-person address before a joint session of Congress has not always been the norm.

Here’s a look at the history of the State of the Union address as the White House weighs its response to House Speaker Nancy Pelosi’s suggestion that President Donald Trump delay this year’s address or give it in writing because of the partial government shutdown:


Q: Does it have to be a speech?

A: No. For Thomas Jefferson’s first address on Dec. 8, 1801, he sent written copies to both houses of Congress to be read by each chamber’s clerks. Jefferson wanted to simplify what he believed was an aristocratic imitation of the British monarch’s speech from the throne, which he thought ill-suited for a republic.

The practice of sending written copies to Congress continued for more than a century, when Woodrow Wilson resumed the tradition of delivering the annual message in person on April 8, 1913. He’s also credited with transforming the speech from a report on executive branch activity into a blueprint for the president’s legislative agenda for the year.


Q: Has the speech ever been postponed?

A: Yes, there have been several instances — though all appear to have been initiated by the White House, historians say.

Ronald Reagan’s 1986 address, for instance, was postponed after the Challenger space shuttle exploded in flight on Jan. 28 of that year. And in 1944, Franklin D. Roosevelt was scheduled to deliver his address on Jan. 11 but instead transmitted a written message because of his poor health.


Q: What about during a shutdown?

A: The State of the Union address has yet to coincide with a full or partial government shutdown since the beginning of the modern budget process in the late 1970s.

The closest the country has come? Trump’s 2018 State of the Union, which was delivered on Jan. 30 — the week after a two-day shutdown that ended Jan. 22. In 1996, Bill Clinton delivered his State of the Union several weeks after the end of a 21-day shutdown that had previously been the country’s longest, offering to “all of you in this chamber: Never, ever shut the federal government down again.”


Q: Can’t Trump just show up?

A: Nope.

Anytime a president comes to speak, it must be at the request of Congress, said Donald Ritchie, the former historian of the Senate. “It’s a very inflexible arrangement,” he said.

A resolution agreed to by both chambers specifies a date and time for a joint session of the House and the Senate “for receiving such communication as the president of the United States shall be pleased to make to them.” [*There hasn't been one passed yet.]


Q: Is there a State of the Union speech every year?

A: No. Recent presidents — Reagan in 1981, George H.W. Bush in 1989, Clinton in 1993, George W. Bush in 2001, Barack Obama in 2009 and Trump in 2017 — have chosen not to deliver official State of the Union addresses during their first years in office. Those speeches would have come soon after their inaugural addresses. However, many, including Trump, have delivered major speeches in front of Congress that have had the feel of the State of the Union without the title.

“It’s up to the president,” said Ritchie, “whether or not he wants to come at all.”


Q: Could Trump choose an alternative?

A: There’s no reason why not. Trump could deliver a speech from the Oval Office or organize an alternative event on Jan. 29 — the date Pelosi had originally invited Trump to deliver his address before a joint session of Congress. The White House also could choose to delay the speech, as Pelosi has suggested. It was unclear how the White House planned to respond.

But Ritchie said it would be to the president’s advantage to find a way to deliver the address.

“You don’t want to waste a dramatic moment,” he said.

...And goodness knows 'Don the Con' Trump loves a "dramatic moment".
The SOU is a formal report to Congress on the state of the malaise Jan 2019 #1
All he wants and usually always gets is his platform ... pbmus Jan 2019 #2
It DOES show he's rattled though ! OnDoutside Jan 2019 #11
MAGAtrumpetters is more thoroughly descriptive. nt lunatica Jan 2019 #20
Stick to your guns Speaker Pelosi maxrandb Jan 2019 #3
And Mueller will be waiting for him. :) LiberalFighter Jan 2019 #4
National news networks should refuse to televise! FakeNoose Jan 2019 #5
this. not a live broadcast. highlights and news coverage after TeamPooka Jan 2019 #46
Almost as dumb as shooting someone on 5th Ave. bluestarone Jan 2019 #6
What a dumbass. If he delivers it wherever he wants, it's not the State of the Union Address. Squinch Jan 2019 #7
Not exactly . . . markpkessinger Jan 2019 #59
But he's not going to do that. He's going to have a rally that Squinch Jan 2019 #65
tRump doesn't deserve the invitation to delver the SOTU address to the House Totally Tunsie Jan 2019 #8
She should officially rescind it 20 minutes before. OnDoutside Jan 2019 #9
Or officially agree 20 minutes before. Freethinker65 Jan 2019 #12
I respectfully disagree KentuckyWoman Jan 2019 #17
Well, if you take that tack, she shouldn't have blocked the SOTU in the first place. You can bet a OnDoutside Jan 2019 #31
Dems shouldn't act or not act depending on how they think a future Republican congress will behave. in2herbs Jan 2019 #38
Agree. OnDoutside Jan 2019 #51
Is there ever going to be a "future Republican House?" hunter Jan 2019 #40
We all hope not, but until they are 6 feet under, they can still do dirty stuff. OnDoutside Jan 2019 #50
her basis was lack of security because of shutdown. She didn't "block" it, she said reschedule it emulatorloo Jan 2019 #45
I'm glad she did block the SOTU, but I don't for one minute believe the given reason. I OnDoutside Jan 2019 #49
I believe security concerns are a real issue. Do not want congresspersons to be put in harm's way emulatorloo Jan 2019 #70
I believe a future House will try to do it to a future Democratic President in any case DFW Jan 2019 #53
Exactly. It's unfortunate but it's true. Republicans look at Democrats OnDoutside Jan 2019 #55
they do not consider democratic presidents to be "legitimate" rampartc Jan 2019 #57
Indeed, they act as if they had a permanent lease on the White House DFW Jan 2019 #60
so you think it is some kind of religious right thing? rampartc Jan 2019 #62
No so much the divine right of kings DFW Jan 2019 #63
high ground? HipChick Jan 2019 #35
From his presidency there is no chance of high ground KentuckyWoman Jan 2019 #41
Moscow would be an excellent venue. guillaumeb Jan 2019 #10
+1000 Pachamama Jan 2019 #68
And the people who pay his salary. eom guillaumeb Jan 2019 #71
"and aimed at his base. " justgamma Jan 2019 #13
"I've been talking with my Big Macs, and you know what? They all said do it!" struggle4progress Jan 2019 #14
Bwahahaha Blue Owl Jan 2019 #15
Is there a sewage plant or landfill in the DC area that will work? Vinca Jan 2019 #16
Maybe he could deliver it from the gold shitter he brought into the WH residence. louis-t Jan 2019 #18
Don't make me say this. WeekiWater Jan 2019 #19
Ooooo! I like! NurseJackie Jan 2019 #24
Sure, let the democrats go.. Maxheader Jan 2019 #21
"Republicans are encouraging Trump to force Pelosi to officially disinvite him" ooky Jan 2019 #22
SOTU is an address to Congress wryter2000 Jan 2019 #23
Hold the Line Speaker Pelosi Nevermypresident Jan 2019 #25
Give him a Wall!! JDZ710A Jan 2019 #26
He's supposed to submit a written report per the Constitution. The speech is unnecessary... Hekate Jan 2019 #27
Pelosi has already disinvited him NastyRiffraff Jan 2019 #28
He thinks he can shove his way in like this... he's in for a surprise! NurseJackie Jan 2019 #30
What a fucking ass bdamomma Jan 2019 #37
He makes me laugh sometimes KentuckyWoman Jan 2019 #42
My sentiments exactly. smirkymonkey Jan 2019 #44
Under the Constitution, SOTU must be given to Congress and not a rally Gothmog Jan 2019 #29
The traitor shouldn't be allowed to set foot in the House Chamber again. Ever. dalton99a Jan 2019 #32
O'Donnell said no one is allowed in the House without the consent DeminPennswoods Jan 2019 #33
Omg! There isn't enough popcorn in the world ecstatic Jan 2019 #48
Doesn't Pelosi control the camera coverage from the House chamber? LastLiberal in PalmSprings Jan 2019 #34
I LOVE THAT KentuckyWoman Jan 2019 #43
Separation of powers. He can't just force himself into the House chamber. stopbush Jan 2019 #61
He's such a frigging BELLEND. bullwinkle428 Jan 2019 #36
That's an insult I have never seen before on DU. rzemanfl Jan 2019 #66
"Sergeant at Arms, REMOVE THAT INTRUDER!!" Totally Tunsie Jan 2019 #39
The coward in chief is not leaving DC ecstatic Jan 2019 #47
Next time listen up when Pelosi speaks Mr. Trump! riversedge Jan 2019 #52
This is potentially very dangerous orangecrush Jan 2019 #54
Trump might as well hold a Klan rally on the 29th.... ProudMNDemocrat Jan 2019 #56
if he held it at stine mountain his followers would be ecstatic. rampartc Jan 2019 #58
Constitutionally he 'could' deliver it to the senate since... WePurrsevere Jan 2019 #64
So what happens if the SOTU is not given to Congress? In It to Win It Jan 2019 #67
Well, not WHEREVER you want. You can't give it at MY house. And unless she invites you and lets you EffieBlack Jan 2019 #69
This is all a stunt like everything else marlakay Jan 2019 #72
He's flipping right before our very eyes, and he's so stretched what we know as crazy behavior, Baitball Blogger Jan 2019 #73
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