Reporter's Notebook: Could Trump 'adjourn' Congress? - Fox News

And, the imprimatur of Trump’s remark suggested he wanted the Senate to remain truly “on recess.” Only then could he short-circuit the confirmation process and install his nominees via a “recess appointment.” Article II, Section 2 of the Constitution has permitted presidents to bypass the Senate and appoint officials to vacant positions if the Senate isn’t meeting.“I will exercise my constitutional authority to adjourn both chambers of Congress,” the president thundered recently. A president has directed both the House and Senate into session only 27 times in history. Consider the language in Article II, Section 3 which grants the president authority to adjourn Congress “in case of disagreement.”The “disagreement” mentioned here would be what happens, parliamentarily, when the House and Senate have approved different versions of the same bill or resolution. The same could happen with an “adjournment resolution.” That’s when the House or Senate would pass a measure to take off for more than three days. Consider what this would look like to have a true parliamentary “disagreement” under which Trump may have the authority to “adjourn the Congress.”The Senate would have to adopt an adjournment resolution. So, let’s go back to the original question: are the House and Senate truly “out” right now, even though both chambers are just meeting with a handful of people on board for a minute or two every few days?CLICK HERE TO GET THE FOX NEWS APPThe answer is “kinda, sorta.” But, both the House and Senate are “kinda sorta” concurrently in session, too. And, unless the two bodies have a true parliamentary disagreement on a legislative measure, it’s doubtful the administration could dictate whether Congress is “in” or “out.”As underscored by the Supreme Court’s National Labor Relations Board “recess appointment” case a few years ago, if Congress says it’s “in,” well, then it’s “in.”Get all the stories you need-to-know from the most powerful name in news delivered first thing every morning to your inboxSubscribedYou've successfully subscribed to this newsletter!This material may not be published, broadcast, rewritten, or redistributed.