Peer-Reviewed Journal Details
Mandatory Fields
Tillman, Seth Barrett
2007
Unknown
Northwestern University Law Review Colloquy
Closing Statement, Terminating Presidential Recess Appointments: A Reply to Professor Brian C. Kalt
Published
()
Optional Fields
101
94
100
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 5 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=962100
Grant Details