>>12159256 Democrats, Republicans kill each other's spending plans Now facing government shutdown, unemployment expiration deadlines
>>12158735 Both Senate and House now not in ]session[
Need lawfag interpretation or learned autist/Anon
The pocket veto only works if congress is adjourned for 10 days, but there’s the three day rule below, stating the President can order adjournment if house and senate cannot agree which he can use for recess appointments snd perhaps a pocket veto. I think there’s something here that can be used by the President to keep them in adjournment for 10 days. Anons post above since the president gave the federal government Christmas Eve this year as a holiday, does that mean (excluding Sunday), they’ve adjourned for 4 days? And what could all of the mean? What if a National Emergency Prevents the House and Senate coming back in time?
Adjournment
ARTICLE I, SECTION 5, CLAUSE 4
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.
Dividing the legislative department into two chambers was one of the most important checks on the legislative power that the Framers devised. At the same time, the Framers believed that it was vital to the affairs of the nation that one house not be permitted to keep Congress as a whole from meeting and performing its functions. Under this clause, neither house can use its power to adjourn to another time or to another place in order to check the actions of the other legislative chamber.If the two houses cannot agree on a time of adjournment, then pursuant to Article II, Section 3, Clause 1 the President can “adjourn them to such Time as he shall think proper.” Since the time of the First Congress, the two chambers have always reached agreement, and the President has never had to intervene.Congress has followed the text of the Adjournment Clause. Either house may adjourn or recess for up to three days on its own motion. The issue of what constitutes an adjournment directly implicates the President’s power to “fill up all Vacancies that may happen during the Recess of the Senate” (Article II, Section 2, Clause 3). The validity of the President making recess appointments is covered in Article II, Section 2, Clause 3 (Recess Appointments Clause).
https://www.heritage.org/constitution/#!/articles/1/essays/24/adjournment
Noel Canning Redux: Justices Breyer and Scalia wrote that the President could use the adjournment power to block Senate "intransigenceNo President has ever adjourned Congress before. Yet at least.
Today, President Trump said he could adjourn Congress as a means to make recess appointments. "If the House will not agree to that adjournment, I will exercise my constitutional authority to adjourn both chambers of Congress."
He also referred to pro forma sessions as "phony" and a "scam." I suspect President Obama would agree with him on this point at least.
Article II, Section 3 provides: [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
No President has ever used the adjournment power–certainly not to make recess appointments. But this idea is not novel. Justice Scalia flagged it in NLRB v. Noel Canning (2014).
— is a matter for the Senate to decide. 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").
Let's use an example. If the Republican-controlled Senate wants to adjourn right now, and the Democratic-controlled House does not want to adjourn right now, there would be a "disagreement with Respect to the Time of Adjournment." Here, the President's "allies in Congress" (Senate Republicans) could set the stage for him to adjourn Congress. And once the Senate is adjourned for more than ten days, per Noel Canning, the recess appointment power is activated.Justice Scalia concurred, joined by Chief Justice Roberts, Justice Thomas, and Justice Alito. They made a very similar position: thePresident's friends in Congress could help trigger an adjournment
https://reason.com/volokh/2020/04/15/noel-canning-redux-justice-scalia-wrote-that-the-president-could-use-the-adjournment-power-to-block-senate-intransgience/