Tillman, Seth Barrett
Senate Termination of Presidential Recess Appointments.
Northwestern University Law Review Colloquy, 101.
I argue that as a simple straight forward textual matter the Senate majority can terminate a presidential recess appointment by terminating their session, i.e., the session that meets following a presidential intersession recess appointment. If the president makes an intrasession recess appointment (assuming such things have any constitutional validity at all), the Senate can terminate that appointment too - by terminating the current session, immediately reassembling, and then terminating the new session!
I do not argue that American history or the Constitution's structure support this position, nor do I feel inclined to do so, where as here, the text is reasonably clear. I do, however, marshal some policy arguments to support the textual argument, although I frankly acknowledge that these arguments should not control the meaning of a constitutional clause.
||President; Congress; House; Senate; recess; adjourn; adjournment; appoint; appointment;
||Faculty of Social Sciences > Law
||17 Jan 2012 17:43
|Journal or Publication Title:
||Northwestern University Law Review Colloquy
||Northwestern University School of Law
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