Georgetown Center for the Constitution

Rejecting the argument that a structural comparison of the Recess Appointments Clause and the Adjournment Clause compels the limitation of recesses to inter-session recesses.

Noting that “the apparent purpose of the three-day adjournment provision is to ensure that one house cannot unilaterally adjourn for a long period and thereby prevent the two houses from performing joint undertakings, such as passing legislation” and noting that “when the Constitution was written, there were at least two meanings of ‘adjournment.’ First, there was the dictionary meaning, which referred to any type of break in legislative business. Second, there was the meaning under English law, which defined ‘adjournment’ as a break in the legislative business that occurred during a session of the legislature.”