Related Citations
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Bethany R. Pickett, Will the Real Lawmakers Please Stand Up: Congressional Standing in Instances of Presidential Nonenforcement, 110 Nw. U. L. Rev. 439 (2016).
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.
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Christopher S. Yoo, Presidential Signing Statements: A New Perspective, 164 U. Pa. L. Rev. 1801 (2016).
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.
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Krista M. Pikus, When Congress is Away the President Shall Not Play: Justice Scalia’s Concurrence in NLRB v. Noel Canning, 114 Mich. L. Rev. First Impressions 41 (2015).
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.
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David J. Arkush, The Original Meaning Of Recess, 17 U. Pa. J. Const. L. 161 (2014).
Noting that the Framers carefully considered questions of how Congress should convene and adjourn, while foregoing discussion of the meaning of “recess.”
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Adrian Vermeule, The Constitutional Law of Congressional Procedure, 71 U. Chi. L. Rev. 361 (2004).
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.
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David P. Currie, The Constitution in Congress: The Third Congress, 1793-1795, 63 U. Chi. L. Rev. 1 (1996).
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.