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Terminating Presidential Recess Appointments: A Reply to Professor Kalt

Seth Barrett Tillman
United States District Court, NJ



Northwestern University Law Review Colloquy, Vol. 101, p. 94, 2007

Abstract:     
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 recess appointment.

My opening article appears at: Tillman, Senate Termination of Presidential Recess Appointments, 101 Nw. U. L. Rev. Colloquy 82, also appearing at, http://ssrn.com/abstract=956164. Professor Brian C. Kalt has drafted an interesting and thoughtful response to my proposed procedural innovation. His response appears at: Kalt, Keeping Recess Appointments in Their Place, 101 Nw. U. L. Rev. Colloquy 88, also appearing at, http://ssrn.com/abstract=959051. My Reply to his response appears at: Tillman, Terminating Presidential Recess Appointments: A Reply to Professor Brian C. Kalt, 101 Nw. U. L. Rev. Colloquy 94, also appearing at, http://ssrn.com/abstract=962100. And finally, Professor Brian C. Kalt has posted: Keeping Tillman Adjournments in Their Place: A Rejoinder to Seth Barrett Tillman, 101 Nw. U. L. Rev. Colloquy 108, also available at, http://ssrn.com/abstract=962762.

This 4-part exchange was originally published over January-February 2007. The exchange was republished on Colloquy on January 2009.

See 103 NW. U. L. REV. COLLOQUY 286 (2009);
103 NW. U. L. REV. COLLOQUY 292 (2009);
103 NW. U. L. REV. COLLOQUY 298 (2009);
103 NW. U. L. REV. COLLOQUY 305 (2009).

Keywords: President, Congress, House, Senate, recess, adjourn, adjournment, appoint, appointment

JEL Classifications: K00, K19

Accepted Paper Series

Date posted: February 08, 2007 ; Last revised: January 22, 2009

Suggested Citation

Tillman, Seth Barrett, Terminating Presidential Recess Appointments: A Reply to Professor Kalt. Northwestern University Law Review Colloquy, Vol. 101, p. 94, 2007. Available at SSRN: http://ssrn.com/abstract=962100


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Contact Information

Seth Barrett Tillman (Contact Author)
United States District Court, NJ ( email )
Martin Luther King Building
50 Walnut Street; room (4th floor)
Newark, NJ 07101
United States
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