Terminating Presidential Recess Appointments: A Reply to Professor Brian C. Kalt
Tillman, Seth Barrett (2007) Terminating Presidential Recess Appointments: A Reply to Professor Brian C. Kalt. Northwestern University Law Review Colloquy, 101 . pp. 94-100.
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 support this position, nor do I feel inclined to do so, where as here, the text is reasonably clear. I do, however, marshal some policy arguments to support the textual argument, although I frankly acknowledge that these arguments should not control the meaning of a constitutional clause.
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