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With Republican control of both chambers of Congress, there is no reason why Republicans could not actually go into recess when they are out of session without having fake pro forma sessions ...
During his first term, Congress used "pro forma" sessions, or brief sessions of the Senate or House during which business is not usually conducted, to prevent him from making recess appointments.
[8] Pro forma sessions can also be used to prevent the president from pocket-vetoing bills, or calling the Congress into special session. [9] They have also been used to prevent presidents from making recess appointments .
Rather, it holds what are called “pro forma” sessions, wherein the House and Senate briefly conduct business as a way to prevent presidents from making recess appointments.
In August 2017, nine pro forma sessions were set up to block President Donald Trump from making recess appointments; the concern was that Trump might dismiss Attorney General Jeff Sessions, and try to name his successor while Congress was in recess. [9] Pro forma sessions continued to be held until January 2019: they were held on December 31 ...
National Labor Relations Board v. Noel Canning, 573 U.S. 513 (2014), was a United States Supreme Court case in which the Court unanimously ruled that the President of the United States cannot use their authority under the Recess Appointment Clause of the United States Constitution to appoint public officials unless the United States Senate is in recess and not able to transact Senate business.
This would erode the power of Congress and remove a significant check on his authority as president. ... the Senate now typically holds occasional "pro forma" sessions in which a single lawmaker ...
In 1940, 1942, and 2002, Congress continued meeting, sometimes in pro forma sessions every third day, until well after the election. Congress can reconvene after an election pursuant to contingent authority granted to the leadership in a recess or adjournment resolution (in 1998, the House alone followed this course).