Democratic Underground - Republicans do not have the power to block an Elizabeth Warren recess appointment

Source: Public Citizen

(or any other recess appointment)

"Media outlets have reported that the Republicans, despite being the minority party in the Senate, can block not only Senate confirmation by the Democratic majority (using the standard filibuster), but also a recess appointment—by stopping the Senate from adjourning. How can the minority party stop the Senate from taking a break? Press accounts haven’t explained or elaborated on the point, except to report that apparently it’s the House—meaning Speaker Boehner—that can hold the Senate open. That doesn’t explain much.
Here’s the rule:

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.

That’s Article I, section 5, clause 4 of the U.S. Constitution. You have to hand it to the House Republicans. They read the Constitution.

But they may not have read the whole thing. A little bit later—in the very same Constitution—is this passage on presidential powers:

(The President) 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; he 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; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

That’s Article II, section 3, clause 3 ... If the Senate wants to adjourn and the House won’t permit it, the President can adjourn both houses of Congress. That would be a fitting end to the House meddling in nominations — a power the Constitution expressly assigns to the President and the Senate, not the House."

Republicans do not have the power to block an Elizabeth Warren recess appointment [View All]