Heard something scary (a new scary) on Chris Hayes.

[LAS14]

I'd begun to take comfort in the fact that the GOP, in a secret ballot, elected Thune, who might reasonably be expected not to recess the senate for 10 days. But now I understand that if the two houses can't agree on a recess date and time, the president can just declare them in recess. Apparently the language is pretty clear. The talking head was quite sure the founding fathers hadn't intended for this to be used this way, but since when has the SC cared what the intent was?

[gab13by13]

1. Yup, it's in the Constitution

Musk, er I mean Trump can declare Congress in recess.

[LAS14]

2. It's bad, but not QUITE as bad as this sounds. At least one of the houses...

... has to want to adjourn. It may be that both houses have to want to adjourn, but just can't agree on a date. Dunno about that.

[Fiendish Thingy]

5. See my possible workaround in #4 nt

[Phoenix61]

3. The care deeply about the intent when it works in

their favor.

[Fiendish Thingy]

4. I thought of a possible workaround to prevent recess appointments

In order for Trump to invoke the Adjournment Clause, the houses have to disagree regarding adjournment. For this to happen, the house would have to pass a resolution to adjourn, send it to the senate, and have it rejected.

Now, if the next congress preserves the “let’s get Kevin!” rule that the speaker’s chair can be vacated by a motion from a single member, then Johnson’s retention of the gavel could depend on not bringing such a resolution to the floor for a vote. If he does, then, just as Gaetz did to McCarthy, one Democratic member could call for a Point of Order, and move to vacate the chair, cancelling all other business until a new speaker is elected.

But, of course, that all depends on retention of the current “vacate the chair” rule.

[bluestarone]

6. I'm sure that rule will be vanished!

If this is up to them we will lose!

[Fiendish Thingy]

7. Probably, but they kept it in place for Johnson after they booted McCarthy

It will be interesting to see how the Freedom caucus changes after Gaetz departs.

[Gore1FL]

8. I doubt Johnson and Thune will both be willing to abdicate their individual and collective powers to Trump. nt

[LAS14]

9. Thune, you're right. Johnson will cave like a soufle hitting a cold wind. nt