MURAL - Maynooth University Research Archive Library

    Terminating Presidential Recess Appointments: A Reply to Professor Brian C. Kalt

    Tillman, Seth Barrett (2007) Terminating Presidential Recess Appointments: A Reply to Professor Brian C. Kalt. Northwestern University Law Review Colloquy, 101. pp. 94-100.

    [img] Download (59kB)

    Share your research

    Twitter Facebook LinkedIn GooglePlus Email more...

    Add this article to your Mendeley library


    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

      Repository Staff Only(login required)

      View Item Item control page


      Downloads per month over past year

      Origin of downloads