Article II of the Constitution gives the President the power to adjourn Congress if—and only if—the House and Senate cannot agree on a date for ending the current session.
But they have agreed—January 3, 2021.
There’s a reason why this power has *never* been exercised before.
But they have agreed—January 3, 2021.
There’s a reason why this power has *never* been exercised before.
In the old days, congressional sessions did not run all the way to the end of each Congress—so it was possible that the House and Senate would disagree about a specific adjournment date.
Today, though, the second session runs right to the end of the Congress—noon on January 3.
Today, though, the second session runs right to the end of the Congress—noon on January 3.
The Senate could always try to change that. But a motion to adjourn would be subject to cloture—meaning it would need at least 7 D votes.
The majority could get *rid* of cloture by a simple majority, but I have to think this would be a bridge too far for at least 4 R senators.
The majority could get *rid* of cloture by a simple majority, but I have to think this would be a bridge too far for at least 4 R senators.
Finally, it’s worth noting, for the record, that the President has had this very Senate confirm a record number of federal judges, and hasn’t bothered to even *nominate* anyone to fill some vacancies—like Secretary of Homeland Security, which has been vacant since April 10, 2019.
