Convening of Congress

Engaging in textual analysis to conclude that the Framers gave the President multiple duties, denoted by the word “shall,” while giving him only one prerogative, denoted by the allowance that the President “may” convene both houses of Congress on extraordinary occasions.

Arguing that the Framers explicitly gave the President an active role in the legislative process through, among other things, the power to convene or adjourn Congress on special occasions.

Documenting Justice Scalia’s originalist analysis in NLRB v. Noel Canning and discussing how the President’s ability to reconvene Congress on extraordinary occasions may influence the meaning of the phrase “vacancies that may happen” in Article II, Section 3, Clause 3.

Noting that the Framers carefully considered questions of how Congress should convene and adjourn, while foregoing discussion of the meaning of “recess.”

Suggesting that the Framers gave the President power to adjourn Congress when the chambers disagree on the timing of adjournment only because they did not believe any other institution would be a better candidate to break the deadlock.

Documenting how James Madison and Thomas Jefferson agreed that Section 3 authorized the President to change only the time, not the place, of congressional meetings.