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Richardson, James D. (James Daniel), 1843-1914

"Volume 3, part 1: Andrew Jackson (Second Term)"



Article I, section 7, that--

Every order, resolution, or vote to which the concurrence of the Senate
and House of Representatives may be necessary (except on a question of
adjournment) shall be presented to the President of the United States,
and before the same shall take effect shall be approved by him. ...

Article II, section 3, that--

He [the President] 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. ...

According to these provisions the day of the adjournment of Congress
is not the subject of legislative enactment. Except in the event of
disagreement between the Senate and House of Representatives, the
President has no right to meddle with the question, and in that event
his power is exclusive, but confined to fixing the adjournment of the
Congress whose branches have disagreed. The question of adjournment is
obviously to be decided by each Congress for itself, by the separate
action of each House for the time being, and is one of those subjects
upon which the framers of that instrument did not intend one Congress
should act, with or without the Executive aid, for its successors.


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