Jonathan Turley, a constitutional law professor who was a Republican witness during the impeachment inquiry of President Trump, took issue with Trump accusing Congress of "obstructing" his ability to appoint judges and threatening to close both chambers.
Trump said Wednesday evening he was considering exercising "my constitutional authority to adjourn both chambers" so he could make recess appointments, adding, "it's something I'd prefer not doing, but which I should do and I will do if I have to." The president can adjourn the House and Senate when the chambers are unable to agree on when to adjourn, but this constitutional power has not been used before by any president.
Turley tweeted that Trump appeared to be referencing Article II, Section 3, of the Constitution, "which gives a president 'in extraordinary occasions' [authority] to convene or adjourn the Houses. This power has never been used and should not be used now. The power to adjourn only applies 'in case of disagreement between them, with respect to the time of adjournment.'"
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Democrats and Republicans have used pro forma sessions to prevent recess appointments. Turley said he has "long been a critic of such recess appointments. Senators of both parties should vote to support the congressional control over adjournment. Absent a 'disagreement' there is no presidential power to adjourn under Article II. A pandemic should not be an invitation for pandemonium. Indeed, we need regular order now more than ever."
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