A whole new level of crazy
Trump’s threat to adjourn Congress isn’t going down hugely well.
(2,2) other Executive Branch nominees by "Recess Appointments". It looks like he actually can do this. It's in Article 2, Section 3 of The Constitution which says
" . . . he may adjourn them to such Time as he shall think proper . . . " HE IS UNHINGED!!!!!!!!!!!!!— Fred Guttenberg (@fred_guttenberg) April 15, 2020
https://twitter.com/Raisingirl_Indy/status/1250555113510449153
In middle of pandemic Trump threatens to adjourn congress if lawmakers don’t approve his nominees. WH says constitution allows him to do it. “I have a very strong power,” Trump says. Trump points to nominee to oversee Voice of America as if that justifies such a drastic move.
— Jim Acosta (@Acosta) April 15, 2020
Here’s what the Constitution says”
There’s also this (in Article 1):
And:
And:
Not sure what to make of all that, except that it seems like the President can’t adjourn Congress without consent of at least one House.
Of course, McConnelll…..
The key test is that the two chambers have to disagree on the date of adjournment in order for this presidential power to be relevant. Right now, they don’t – there is an existing agreement on January 2021.
Yeah, this is one of those things that Trump yammers about that will not come to pass, for a host of reasons. That doesn’t mean it’s not worth being concerned about — there was a time when it was taken as a given that presidents shouldn’t make off-the-cuff remarks about serious matters, because the president’s words have power all on their own. It would be nice to get that back.
The irony is that, for all of his talk of asserting power, Trump is still loathe to use the Defense Production Act. But then, Democrats are his enemy who he must brag about crushing, while the CEOs of large corporations are an audience to be wooed. He craves their affection and approval and praise and doesn’t want to do anything to alienate them.
And at times I suspect he must recognize that at least some of them hold him in contempt, and do not recognize the brilliance he is so sure he possesses above all others; they probably ridicule him behind his back, and he must be painfully aware of that. He so wants the respect of them, and of the military, that he plays tough guy, he plays rich guy, and thinks he does a good job of it and no one sees through him. In all reality, about 80% of the country see through him, but too many of that 80% live in fear of the 20% who actually think Trump is what he says he is.
Article II Section 3
[…] 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 scenario is the House and Senate can’t agree on when to adjourn, so the president decides. As long as the House and Senate agree, Trump has no power here.
Why would they disagree? Well, Trump wants to make recess appointments, which he can’t do while congress is in session. The Senate could help him along by adjourning. If the House won’t agree to adjourn, Trump can use his power to force an adjournment.
But Republicans already control the Senate. If they wanted to confirm Trump’s nominees they could do it themselves in normal course. Furthermore, if the Senate does adjourn, all those senators are sidelined until it reconvenes. They probably wouldn’t like that.
I really can’t see this happening.