Peer-Reviewed Journal Details
Mandatory Fields
Tillman, Seth Barrett
2007
Unknown
Northwestern University Law Review Colloquy
Opening Statement, Senate Termination of Presidential Recess Appointments
Published
()
Optional Fields
101
82
87
This journal has an A ranking from Deakin, and is ranked 270 of 1547 on Washington & Lee law journal rankings -- top 20%. This article is cited 9 times (as of October 4, 2019). 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. This article was originally published in Northwestern University Law Review Colloquy, which was subsequently renamed Northwestern University Law Review Online.
United States
0029-3571
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=956164
Grant Details