How the Senate Foils Obama Even When It's in Recess

[Lodestar]

Pro forma sessions keep the president from slipping in a surprise appointment while the senators are out of town.

With the Senate on spring break for two weeks, the north side of the Capitol felt pleasantly drowsy Monday morning. A smattering of staffers and journalists wandered the echoing hallways, along with the occasional tour group. Capitol police officers looked a little more relaxed than usual. On the Senate floor, all 100 mahogany desks stood vacant. The visitors’ galleries had only two observers, a gray-haired, pink-faced couple who looked to be dozing off in the stillness. Most senators had long since fled the building, having far better places to spend their down time.

But not everyone was out enjoying the recess. As 10 a.m. neared, the parliamentarian, two clerks, and a couple of other Senate officers took their places at the front of the empty chamber. “Who’s doing this thing?” one asked. “Cornyn,” another answered. Then everyone sat around chatting, as a few more tourists trickled into the upper decks. Just before the hour, Senator John Cornyn of Texas sauntered in. Charcoal suit sharp, white hair gleaming, the Republican whip greeted the assembled few as he made his way to the presiding officer’s chair. At 10 a.m. on the dot, he gaveled the empty room to order, and, per the short script someone had thoughtfully left him, directed the legislative clerk to read “a communication to the Senate” from Senate president pro tempore Orrin Hatch. The lanky, bespectacled clerk rose and delivered a one-sentence order appointing Cornyn chairman for the day. And with that, Cornyn declared the body adjourned until 11 a.m. Thursday, gave the gavel a closing bang, and made for the door.

All told, Monday’s session lasted a whopping 35 seconds. No business was conducted, and no member besides Cornyn bothered showing up. It was, by and large, a scorching waste of time for everyone who had to be on hand to make it happen. Except that, if this tiny pro forma session had not taken place (nor the three more upcoming one like it scheduled for the break), the Senate would be in recess for more than 10 days—which, as any legislator can tell you, is a no-no. A recess of that length opens the door to recess appointments by the president. And with Senate Republicans currently refusing even to consider President Obama’s nominee to the Supreme Court, a recess appointment is something Majority Leader Mitch McConnell simply will not risk. No matter whose vacation it screws up.

cont'd
http://www.theatlantic.com/politics/archive/2016/03/pro-forma-senate/474930/

[procon]

1. How do they open a session without a quorum?

I've been in many groups that use parliamentary procedures, and a quorum was always necessary to open a meeting or transact any business. I don't see how Cornyn could legally open the meeting or adjourn it without that. When a quorum is not present at the time a meeting is scheduled a new time is set until a quorum is present.

Article I, Section 5, Clause 1 of the United States Constitution "... and a Majority of each shall constitute a Quorum to do Business..." A simple majority of members is a quorum.

[Action_Patrol]

2. Both the House and Senate do it.

Regardless of party in charge.

[awoke_in_2003]

3. And it is one more example

of why we are a banana republic.