Anonymous ID: c9794b Dec. 22, 2020, 3:26 p.m. No.12137786   🗄️.is 🔗kun   >>7829

>>12137709

https://www.senate.gov/reference/glossary_term/pocket_veto.htm

 

pocket veto - The Constitution grants the president 10 days to review a measure passed by the Congress. If the president has not signed the bill after 10 days, it becomes law without his signature. However, if Congress adjourns during the 10-day period, the bill does not become law.

Anonymous ID: c9794b Dec. 22, 2020, 4:05 p.m. No.12138324   🗄️.is 🔗kun   >>8348

>>12138008

He may have other options, Anon.

 

pocket veto - The Constitution grants the president 10 days to review a measure passed by the Congress. If the president has not signed the bill after 10 days, it becomes law without his signature. However, if Congress adjourns during the 10-day period, the bill does not become law.

 

https://www.senate.gov/reference/glossary_term/pocket_veto.htm

 

Can the President adjourn Congress?

 

In his majority opinion, Justice Stephen Breyer cited the Adjournment Clause as the provision in the Constitution that “gives the President (if he has enough allies in Congress) a way to force a recess.”

 

In the concurring opinion written by Justice Antonin Scalia, joined by Chief Justice John Roberts and Justices Clarence Thomas and Samuel Alito, Scalia pointed out: “Members of the President’s party in Congress may be able to prevent the Senate from holding pro forma sessions with the necessary frequency, and if the House and Senate disagree, the President may able to adjourn both ‘to such Time as he shall think proper.’”

 

There wasn’t a single dissenting justice. So all nine justices of the Supreme Court agreed that the president could use the Adjournment Clause to force an adjournment long enough to make recess appointments, as long as there is a disagreement between the Senate and the House on when to adjourn.

 

And the justices also agreed that the president’s power to make recess appointments applies to both an “inter-session recess (i.e., breaks between formal sessions of the Senate) and intra-session recesses (i.e., breaks in the midst of a formal session) of substantial length. … The Senate is equally away and unavailable to participate in the appointments process during both an inter-session and an intra-session recess.”

 

For the president to use the Adjournment Clause to adjourn Congress for the 10 days needed to make recess appointments, there needs to be a formal disagreement between the Senate and the House. The Senate could pass a motion of adjournment for at least 10 days. Under Senate Rule 22, such a motion isn’t debatable, so it requires only a simple majority vote.

 

Thus, as long as Senate Majority Leader Mitch McConnell, R-Ky., could keep his caucus together, Minority Leader Chuck Schumer, D-N.Y., would not be able to filibuster the motion. There is also no doubt that Schumer would not agree to unanimous consent, so McConnell would have to call all of the senators back to Washington for a vote.

 

That approved adjournment then would need to be formally transmitted to the House. If Speaker Nancy Pelosi, D-Calif., refused to act on it, would that be considered a “Case of Disagreement” sufficient to satisfy the Adjournment Clause?

 

We don’t know, because this provision never has been invoked.

 

https://www.heritage.org/political-process/commentary/can-the-president-adjourn-congress-and-make-appointments-without