I Call Bull Shit On TSF's Plan To Recess Congress To Make Appointments

[kirby]

34. The inability to perform recess appointments is by agreement...

Under Democratic and Republican presidents, there has been bipartisan agreement that the Senate would not officially recess for more than a set number of days, thereby blocking the president from making unilateral “recess appointments.”

In 2014, the Supreme Court, in its decision National Labor Relations Board v. Noel Canning, invalidated three of President Barack Obama’s recess appointments and set a standard that future recess appointments could not happen during a recess less than 10 days in duration. This led to a bipartisan process of regular “pro forma” sessions, following the specifics of Article I, Section 5 of the Constitution, which says that “Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.”