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JGR/Presidential Power to Convene Congress
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JGR/Presidential Power to Convene Congress
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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/Presidential Power to
Convene Congress
Box: 38
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
THE WHITE HOUSE
WASHINGTON
September 19, 1985
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS JJR
SUBJECT:
Presidential Power to Convene Congress
Dianna conveyed your request for a memorandum for the
President outlining his authority to keep Congress in
session or call Congress back from a recess or adjournment.
So far as I can determine, the President has no authority to
prevent Congress from adjourning. He has complete and
unfettered authority, however, to convene either or both
Houses at any time.
Pursuant to Article II, Section 3, the President "may, on
extraordinary occasions, convene both Houses, or either of
them." I have found no cases construing this authority of
the President. Hamilton in The Federalist No. 77 simply
noted the existence of this power in a laundry list of
miscellaneous Executive powers, stating that "no objection
has been made to this class of authorities; nor could they
possibly admit of any." He went on to state that a President
may desire to convene simply the Senate, to obtain its
consent to a treaty.
The Constitutional language refers to "extraordinary
occasions," but it is accepted that the President may
convene Congress for whatever reasons are deemed sufficient
by him. B. Schwartz, A Commentary on the Constitution of
the United States, Vol. II, p. 23 (1977). Past practice
bears this out. Presidents have convened Congress for such
purposes as tariff revision, consideration of a ship subsidy
bill, and to deal with a housing shortage. A list of the
occasions on which the authority has been exercised is
contained at Tab A.
The last instance on which a President convened Congress was
President Truman's action in 1948. The proclamation accomp-
lishing this is at Tab B.
I am aware of no Presidential authority to keep Congress in
session. Article I, Section 7, Clause 3 specifically
provides that adjournment resolutions need not be presented
- 2 -
to the President. The President may threaten to convene
Congress if it adjourns, to prevent it from doing SO.
Congress may, of course, convene and then promptly adjourn,
but the President would seem to be just as free to reconvene
Congress again and again.
Attachment
A COMPLETE LIST OF SPECIALLY CALLED SESSIONS OF CONGRESS
AND WHY THEY WERE CALLED
Date of Session
General Reason Given
1797, May 15
Diplomatic crisis with France 1/
1803, October 17
Louisiana Purchase 2/
1807, October 26
British agression 37
1809, May 22
British overtures 4/
1811, November 4
British. agression and trade problems 5/
1813, May 24
War with Britain 6/
1814, September 9
Further appropriations for War 7/
1837, September 4
Banking crisis 8/
1841, May 13
Condition of the revenue and finances 9/
1856, August 21
Lack of Army appropriations 10/
1861, July 4
Civil War 11/
1877. October 15
Lack of Army appropriations 12/
1879, March 18
Lack of Legislative, Executive,
Judicial, and Army appropriations 13/
1893, August 7
Financial crisis 14/
1897, March 15
Cordition of the revenue 15/
1903, November 9
Convention with Cuba 16/
1909, March 15
Revision of the Dingley Tariff Act 17/
1911, April 4
Canadian-American reciprocal tariff 18/
10:3, April =
riff revisie
1917, April 2
War with Germany 20/
1919, May 19
Domestic problems after the War 21/
1921, April 11
Domestic problems 22/
1922, November 20
Ship subsidy bill 23/
1929, April 15
"Farm relief" and "tariff changes" 24/
1933, March 9
"Drastic" economies in government 25/
1937, November 15
Recession in industrial production 26/
1939, September 21
"Repeal the embargo provisions of.
the neutrality law" 27/
*1947, November 17
Emergency aid to Europe 28/
*1948, July 26
Deal with inflation and housing shortage 29/
*President Truman called Congress back, but this was not counted
as a session since Congress had not adjourned sine die.
Title 3-The President
Chapter 1-Proclamation
DONE at the City of Washington this
General
formalities for the
PROCLAMATION 2795
2nd day of July in the year of our Lord
life to his
k registrations pre-
of the act authoriz-
DISPLAY OF THE FLAG AT FORT MCHENRY
nineteen hundred and forty-
distinction
1 trade-marks used
NATIONAL MONUMENT AND HISTORIC
[SEAL] eight, and of the Independence
his gloriou
SHRINE
of the United States of America
will never (
foreign nations 0:
the one hundred and seventy-second.
as a great
ates or with Indian
WHEREAS the joint resolution of Con-
a genuine
the same. approved
gress of June 22, 1942, entitled "Joint
HARRY S. TRUMAN
the Unite
amended (15 U. C.
Resolution to Codify and Emphasize
fountries which ac-
By the President
achieved a
Existing Rules and Customs Pertaining
As a mai
ial treatment in this
to the Display and Use of the Flag of the
G. C. MARSHALL
the United States
United States of America," as amended
Secretary of State.
ing's mem
the natio:
by the joint resolution of December 22,
mast upo
RE. I. HARRY S.
1942, 56 Stat. 1074, contains the following
all forts a
of the United States
provisions:
stations. a
nd by virtue of the
SEC. 2. (a) It is the universal custom to
States. un
me by the aforesaid
display the flag only from sunrise to sunset
WHEREAS the public interest requires
taken plac
do find and pro-
on buildings and on stationary flagstaffs in
that the Congress of the United States
IN WIT
Dect to trade-marks
the open. However, the fiag may be dis-
should be convened at twelve o'clock,
played at night upon special occasions when
unto set : )
um registered in the
it is desired to produce a patriotic effect
noon. on Monday, the twenty-sixth day
of the Ur
i Office which have
of July, 1948. to receive such communi-
affixed.
val on or after Sep-
has existed during
SEC. 8. Any rule or custom pertaining to
cation as may be made by the Executive:
DONE a
the display of the flag of the United States
that date, because
NOW. THEREFORE. I. HARRY B.
15th day (
of America. set forth herein, may be altered.
g out of World War
TRUMAN, President of the United States
n
modified. or repealed. or additional rules with
or suspension of fa-
of America. do hereby proclaim and de-
[SEAL] e
respect thereto may be prescribed, by the
compliance with the
clare that an extraordinary occasion re-
Commander in Chief of the Army and Navy
o
malities prescribed
of the United States, whenever he deems
quires the Congress of the United States
the one 1
ewal of such regis-
it to be appropriate or desirable; and any
to convene at the Capitol in the City of
12 of the aforesaid
such alteration or additional rule shall be
Washington on Monday. the twenty-sixth
1905. as amended
set forth in a proclamation
day of July, 1948. at twelve o'clock, noon,
By the
istrations within the
and
of which all persons who shall at that
G. C.
laid act of July 17.
time be entitled to act as members
Se
WHEREAS Francis Scott Key. after
accords substantially
thereof are hereby required to take
having anxiously watched from afar the
this respect to trade-
notice
bombardment of Fort McHenry through-
P
10 are citizens of the
out the night of September 13. 1814. saw
IN WITNESS WHEREOF, I have here-
that accordingly the
his country's flag still flying in the early
unto set my hand and caused to be
SUPPLEM
ompliance with con-
affixed the great seal of the United States.
CEMBER
morning of the following day: and
thes prescribed with
DONE at the city of Washington this
CARRYI
of registrations un-
WHEREAS this stirring evidence of
TARIFF
the failure of the prolonged attack in-
fifteenth day of July, in the year of our
the aforesaid act of
TRADE
spired him to write the Star-Spangled
Lord nineteen hundred and
5 amended, may take
TIVELY
tended with respect
Banner. our national anthem:
[SEAL] forty-eight, and of the Inde-
: which expired after
NOW, THEREFORE, I, HARRY S.
pendence of the United States of
WHEN
America the one hundred and seventy-
thority 0
land before June 30,
TRUMAN. President of the United States
Tariff A
luding December 31,
of America and Commander in Chief of
third.
tion 1 of
HARRY S. TRUMAN
the Army and Navy, do hereby proclaim
Joint Re
EREOF. I have here-
that. as a perpetual symbol of our patri-
By the President:
and by se
and caused the Seal
otism. the flag of the United States shall
G. C. MARSHALL
5. 1945
ICS of America to be
hereafter be displayed at Fort McHenry
Secretary of State.
Stat. 12:
National Monument and Historic Shrine
ch. 269:
N of Washington this
period i
at all times during the day and night.
the year of our Lord
PROCLAMATION 2797
having b
except when the weather is inclement.
hundred and forty-
Act of J:
of the Independence
The rules and customs pertaining to
DEATH OF GENERAL PERSHING
three ye
red States of America
the display of the flag as set forth in the
To the People of the United States:
944, ch
nd seventy-second.
said joint resolution are modified accord-
It becomes my sad duty to announce
U. S. C.
ingly.
officially the death of John J. Pershing.
1947 the
HARRY S. TRUMAN
IN WITNESS WHEREOF. I have here-
General of the Armies of the United
agreeme
States, who died at Walter Reed Hospital
Commo
unto set my hand and caused the Seal
L,
in Washington, D. C., at 3:50 a. m. on the
dom of
of the United States of America to be
affixed.
15th day of July, 1948.
Brazil, )
State.
THE WHITE HOUSE
WASHINGTON
September 19, 1985
INFORMATION
MEMORANDUM FOR THE PRESIDENT
FROM:
FRED F. FIELDING
SUBJECT:
Presidential Power to Convene Congress
I.
SUMMARY
As President you have constitutional authority to call
Congress back into session or back from recess at any time
for any purpose. You have no authority to prevent Congress
from adjourning, but the threat of calling Congress back may
suffice, as a practical matter, to prevent adjournment.
II. DISCUSSION
The Constitution provides that the President "may, on
extraordinary occasions, convene both Houses, or either
of them." Article II, Section 3. This authority has been
exercised on numerous occasions throughout history.
Presidents have convened Congress to deal with a broad range
of matters, ranging from the Civil War and the Marshall Plan
to ship subsidy legislation and an American-Canadian tariff.
President Truman was the last President to convene Congress,
in 1948, as part of his attack on the so-called "do nothing"
Congress. The Constitution refers to "extraordinary
occasions," but it is accepted that the President himself
may judge what constitutes such an occasion to justify
convening Congress. There are thus no restrictions on your
authority to call Congress back into session or back from
recess at whatever time you determine.
You do not, however, have any legal authority to prevent
Congress from adjourning. You may, of course, threaten to
convene Congress if it adjourns without taking up matters
you wish it to consider, and this threat may suffice to
prevent Congress from adjourning. There is nothing to
prevent Congress from adjourning promptly after reconvening
in response to your call, but, by the same token, there is
nothing to prevent you from calling Congress back again and
again.
FFF:JGR:aea 9/19/85
CC: FFFielding/JGRoberts/Subj/Chron
To
John
Date
9/20
Time 4:50 4:
WHILE YOU WERE OUT
M
Gary 04C Lawson
of
Phone
633-2044
Area Code
Number
Extension
TELEPHONED
X
PLEASE CALL
CALLED TO SEE YOU
WILL CALL AGAIN
X
WANTS TO SEE YOU
URGENT
RETURNED YOUR CALL
Message
Operator
Qea
AMPAD
EFFICIENCY
23-020
THE WHITE HOUSE
WASHINGTON
September 19, 1985
INFORMATION
MEMORANDUM FOR THE PRESIDENT
FROM:
FRED F. FIELDING Orig. signed by FFF
SUBJECT:
Presidential Power to Convene Congress
I.
SUMMARY
As President you have constitutional authority to call
Congress back into session or back from recess at any time
for any purpose. You have no authority to prevent Congress
from adjourning, but the threat of calling Congress back may
suffice, as a practical matter, to prevent adjournment.
II. DISCUSSION
The Constitution provides that the President "may, on
extraordinary occasions, convene both Houses, or either
of them." Article II, Section 3. This authority has been
exercised on numerous occasions throughout history.
Presidents have convened Congress to deal with a broad range
of matters, ranging from the Civil War and the Marshall Plan
to ship subsidy legislation and an American-Canadian tariff.
President Truman was the last President to convene Congress,
in 1948, as part of his attack on the so-called "do nothing"
Congress. The Constitution refers to "extraordinary
occasions," but it is accepted that the President himself
may judge what constitutes such an occasion to justify
convening Congress. There are thus no restrictions on your
authority to call Congress back into session or back from
recess at whatever time you determine.
You do not, however, have any legal authority to prevent
Congress from adjourning. You may, of course, threaten to
convene Congress if it adjourns without taking up matters
you wish it to consider, and this threat may suffice to
prevent Congress from adjourning. There is nothing to
prevent Congress from adjourning promptly after reconvening
in response to your call, but, by the same token, there is
nothing to prevent you from calling Congress back again and
again.
FFF:JGR:aea 9/19/85
CC: FFFielding/JGRoberts/Subj/Chron