![]() Because the Senate was in session, the President made the recess appointments at issue during a three-day recess, which is too short a time to fall within the scope of the Clause, so the President lacked the authority to make the appointments.ĭistributor, asked the D. C. It said it was in session, and, under Senate rules, it retained the power to con-duct business. Under these standards, the Senate was in session during the pro forma sessions at issue. When the Senate is without the capacity to act, under its own rules, it is not in session even if it so declares. Although the Senate’s own determination of when it is in session should be given great weight, deference is not absolute. The phrase “vacancies that may happen during the recess of the Senate” applies both to vacancies that come into existence during a recess and to vacancies that initially occur before a recess but continue during the recess. In light of historical practice, a recess of more than three but less than 10 days is presumptively too short. Putting “significant weight” on historical practice, the Court found that the Clause applies to both intersession and intra-session recesses of substantial length. The Clause reflects the tension between the President’s continuous need for “the assistance of subordinates,” and the Senate’s early practice of meeting for a single brief session each year and should be interpreted as granting the President power to make appointments during a recess, but not offering authority routinely to avoid the need for Senate confirmation. ![]() Circuit held that the appointments fell outside the scope of the Clause. The President appointed the three members between the January 3 and January 6 pro forma sessions, invoking the Recess Appointments Clause, which gives the President the power “to fill up all Vacancies that may happen during the Recess of the Senate,” Art. transacted,” every Tuesday and Friday through January 20, 2012. By calling pro forma sessions, the majority party can prevent the minority party from introducing or voting on legislation, even if the majority party is not actually conducting any business of its own.The nominations of three members of the National Labor Relations Board were pending in the Senate when it passed a December 17, 2011, resolution providing for a series of “pro forma session,” with “no business. Pro forma sessions can also be used as a way for the majority party to block legislation that is supported by the minority party. Said Reid: “I am keeping the Senate in pro forma to prevent recess appointments until we get this process on track.” It can also prevent a president from pocket-vetoing a piece of legislation.ĭuring a 2007 recess, for example, Senate Majority Leader, Harry Reid, planned to keep the Senate in pro forma session in order to prevent further controversial appointments made by the Bush Administration. For example, a pro forma session can be called to prevent the president from making recess appointments, as the Constitution requires the Senate to be in session in order to consider such appointments. While pro forma sessions serve a procedural purpose, they can also be used for other purposes. No votes are taken and no legislation is considered during a pro forma session. ![]() Pro forma sessions are typically led by the presiding officer of the chamber, and they typically consist of little more than a roll call and the reading of a brief statement. This requirement is set forth in the Constitution, and pro forma sessions are a way for Congress to meet the requirement without actually conducting any business. ![]() Pro forma sessions are most commonly used in the United States Congress, where they are typically called to meet the requirement that each chamber must meet at least once every three days. These sessions are often used to fulfill a procedural requirement or to demonstrate that the legislature is still in session, even if no actual work is being done. A pro forma session is a brief meeting of a legislative body, typically lasting only a few minutes, during which no formal business is conducted. ![]()
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