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Tillman, Seth Barrett
Northwestern University Law Review Colloquy
Opening Statement, Senate Termination of Presidential Recess Appointments
Optional Fields
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
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