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Citation List To Senate Termination Of Presidential Recess Appointments, And To Tillman's Reply To Kalt, Seth Barrett Tillman

Seth Barrett Tillman

This document is a citation list to "Senate Termination of Presidential Recess Appointments" and to Tillman's Reply to Kalt.

[October 1, 2013]

Senate Termination Of Presidential Recess Appointments, Seth Barrett Tillman

Seth Barrett Tillman

I argue that as a simple straight forward textual matter the Senate majority can terminate a presidential recess appointment by terminating their session, i.e., the session that meets following a presidential intersession recess appointment. If the president makes an intrasession recess appointment (assuming such things have any constitutional validity at all), the Senate can terminate that appointment too - by terminating the current session, immediately reassembling, and then terminating the new session!

I do not argue that American history or the Constitution's structure support this position, nor do I feel inclined to do so, where as here, the text is …

Terminating Presidential Recess Appointments: A Reply To Professor Brian C. Kalt, Seth Barrett Tillman

Seth Barrett Tillman

This article replies to Professor Kalt's response to my opening article, "Senate Termination of Presidential Recess Appointments."

I argue that as a simple straight forward textual matter the Senate majority can terminate a presidential recess appointment by terminating their session, i.e., the session that meets following a presidential intersession recess appointment. If the president makes an intrasession recess appointment (assuming such things have any constitutional validity at all), the Senate can terminate that appointment too - by terminating the current session, immediately reassembling, and then terminating the new session!

I do not argue that American history or the Constitution's structure …

Extract From T.J. Halstead, Congressional Research Service Report For Congress (2007), Citing Kalt-Tillman Colloquy On Recess Appointments, Seth Barrett Tillman

Seth Barrett Tillman

This is an extract from a Congressional Research Service Report for Congress. The CRS Report cites the 2007 Kalt-Tillman colloquy on recess appointments. The full CRS document is available from CRS and is cited as T.J. Halstead, Cong. Research Serv., RL 33009, Recess Appointments: A Legal Overview CRS-11 n.74 (updated July 11, 2007).

[July 12, 2011]