Evening star. [volume] (Washington, D.C.) 1854-1972, 1943-07-13

trainers OF the
Constitution
omitted to spec David Lawrence.
ify any power whereby Congress
could call itself into special session.
For it is conceivable that, for politi-
cal reasons, Congress and the Presi-
dent might differ as to the calling
of special session.
When the present Congress re-
cessed, however, the answer was
given to those who have wondered
how the alleged defect in the Con-
stitution could be cured. 1t has
been done in simple fashion and in
manner that may become the
precedent for all future Congresses.
The innovation, moreover, is ex-
actly in conformity with the Con-
stitution.
Leaders Given Authority.
The resolution which recessed
Congress declared that the two
houses can be called back when
ever the majority leaders of both
houses or the minority leaders of
the two houses shall request it..
This gives the minority a voice in
recovering Congress. 1t is fair
way to do it because unless some
such concession were granted there
would be tendency to keep Con-
gress in recess on what is known
as a three-day basis. This means
a waste of everybody's time and a
perfunctory meeting at best of
either house.
The Constitution says:
Neither house, during the session
of Congress, shall, without the con-
sent of the other, adjourn for more
than three days nor to any other
place than that in which the two
houses shall be sitting"
With the consent of both houses,
therefore, the recess may be longer
than the three-day period, and
that's what has happened. The
formal resolution appoints Septem-
Der IA as the day of reconvening
Unlike any other bill, measure
on the question of adjournment
does not need the Presidents sig
nature. This leaves Congress indie
pendent of the Chief Executive on
whether or not the Congress is to
adjourn or recess or reconvene dur
ing a regular session.
Presidential Action Unnecessary.
Congress at the moment has really
interrupted its regular session and
it does so by resolution which fixes
the time for its return. During war,
when emergencies may arise over
night, Congress has therefore
availed itself of the powers of the
Constitution to fix its own date for
recovering.
This makes unnecessary any pres
idential action, though Congress
last week did specify that it could
be brought back into session on
three days notice from the Speaker
of the House and the Vice President
whenever in their opinion legisla-
tive expediency shall warrant it or
whenever the majority leader of the
Senate and the majority leader of
the House, acting jointly, or the
minority leader of the Senate and
the minority leader of the House,
acting jointly, file written request
- that the Congress reassemble
for the consideration of legislation"
In other words, Congress recesses
and fixes its own mode of reconven-
Ing without any constitutional re-
uuirement of joint action with the
President because the latter can at
any time under the Constitution call
an extraordinary or special session.
Answer to Critics.
Congress has been in almost con-
tinuous session since the World War
crisis began in 1899. 1t has taken
brief recesses. The minority has
felt that the times required the
presence of Congress.
Believing that the majority party
might allow itself, under the in
f1uence of the President, to adjourn
the minority members have been
able to influence their colleagues to
keep the two Houses in constant
session. The tendency CT the Roose.
welt administration to issue eXecu-
tive orders in disregard of the
wishes of Congress, and on occasion
the PRONUNCIATION by the Executive
of orders which Congress itself hao
rejected when presented in the form
of legislation, has led more thar
any other factor to the insistence OF
the minority plus some majority
members on a continuous session.
The form of the resolution re-
Gently passed for a recess is the
answer to those who have felt that
there was no way for the Congress
to reconvene once it had adjourned
The founding fathers wrote into the
Constitution the power to accom-.
plish that objective.
D iohf