General Discussion

CanonRay

(14,123 posts) Fri Jan 6, 2012, 04:26 PM Jan 2012

Question about Senate rules and whether they are in session.

Why, since Harry Reid is the Senate Majority Leader, is the Senate considered "in session" He's the Majority Leader. If he bangs the gavel and says they are in recess, aren't they in recess? Why does McChinless have anything to say about it?

Seriously, can anyone give me a reason?

5 replies

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Highlight:

Question about Senate rules and whether they are in session. (Original Post) CanonRay Jan 2012 OP

My understanding is that sharp_stick Jan 2012 #1

I believe this is the issue Bok_Tukalo Jan 2012 #2

EVEN BETTER: When the 2 Houses can't agree on adjournment (like now), yodermon Jan 2012 #4

I was looking for this so hard yesterday, thank you! nt justiceischeap Jan 2012 #5

A few reasons tritsofme Jan 2012 #3

sharp_stick

(14,400 posts)

1. My understanding is that

Reply to CanonRay (Original post)

Fri Jan 6, 2012, 04:31 PM

Jan 2012

the Senate can only be in recess if both it and the House agree that they are in recess. Of course Bohner/Cantor declined Reids request to go into recess and so they decided that they must have these pro-forma sessions.

I think the Congressional rules seriously need an enema, that place is so impacted it's pathetic.

Bok_Tukalo

(4,323 posts)

2. I believe this is the issue

Reply to CanonRay (Original post)

Fri Jan 6, 2012, 04:32 PM

Jan 2012

From the United States' Constitution:

Article I

...

Section 5.

...

Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

yodermon

(6,143 posts)

4. EVEN BETTER: When the 2 Houses can't agree on adjournment (like now),

Reply to Bok_Tukalo (Reply #2)

Fri Jan 6, 2012, 04:51 PM

Jan 2012

then the POTUS has the power to Adjourn Congress himself, reconvening when he damn well pleases:

..he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper

Article II section 3

a card that's never been played (I don't think) but which would be lovely to behold.

justiceischeap

(14,040 posts)

5. I was looking for this so hard yesterday, thank you! nt

Reply to yodermon (Reply #4)

Fri Jan 6, 2012, 04:53 PM

Jan 2012

tritsofme

(17,419 posts)

3. A few reasons

Reply to CanonRay (Original post)

Fri Jan 6, 2012, 04:33 PM

Jan 2012

The Senate cannot recess for more than a few days without the consent of the House (and vice-versa) which they have not provided.

Harry Reid cannot just gavel the Senate to recess, there has to be a vote, with a 50+1 threshold IIRC. However, over the past year GOP senators have taken to dilatory tactics to delay this resolution, and force Reid into pro-forma sessions.

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