Terminating Presidential Recess Appointments: A Reply to Professor Kalt

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