Tillman, Seth Barrett (2007) Terminating Presidential Recess Appointments: A Reply to Professor Brian C. Kalt. Northwestern University Law Review Colloquy, 101. pp. 94-100.
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Abstract
This article replies to Professor Kalt's response to my opening article, "Senate Termination of Presidential Recess Appointments."
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.
| Item Type: | Article |
|---|---|
| Keywords: | President; Congress; House; Senate; recess; adjourn; adjournment; appoint; appointment; |
| Academic Unit: | Faculty of Social Sciences > Law |
| Item ID: | 2963 |
| Depositing User: | Seth Tillman |
| Date Deposited: | 17 Jan 2012 17:50 |
| Journal or Publication Title: | Northwestern University Law Review Colloquy |
| Publisher: | Northwestern University School of Law |
| Refereed: | No |
| Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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