Could somebody please explain this constitutional clause?

[Joe Republic]

Article II

Section 3 - State of the Union, Convening Congress

(The President) shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.


What exactly defines an 'extraordinary Occasion', or a 'Case of Disagreement'?

[Yates]

Extraordinary occasion could be F.D.R. convening both houses after Pearl Harbor.  Disagreement, I assume, means if the Congress objects to being convened.  I will check that one.

By the way, I am now a YaBB God.

[A18]

'Extraordinary occasion' is whatever the president wants it to be. I am aware of no case law on the subject, but a special session has been called 27 times.

A case of disagreement is just whenever the two houses can't agree on when to adjourn. I don't know what you don't understand about that.

[Emsworth]

There is no legal definition for the term "extraordinary Occasion." As A18 suggests, it means whatever a President wants it to mean. The gist of the clause is: if Congress is not in session, then the President may call them into special session if he deems it necessary.

To address the other question: The agreement of both the Senate and the House is necessary to adjourn, i.e., to bring a congressional session to an end. If the two houses cannot agree on the time for ending a session ("the Time of Adjournment"), then the President resolves the disagreement.

[minionofmidas]

It says, "he can adjourn them to such time as he shall think proper". I suppose that doesn't mean in legalese what it sounds like ... since your explanation makes logical sense and what it sounds like does not.

[Emsworth]

It says, "he can adjourn them to such time as he shall think proper". I suppose that doesn't mean in legalese what it sounds like ... since your explanation makes logical sense and what it sounds like does not.

Adjourn to means adjourn until.

[J. J.]

It says, "he can adjourn them to such time as he shall think proper". I suppose that doesn't mean in legalese what it sounds like ... since your explanation makes logical sense and what it sounds like does not.

Adjourn to means adjourn until.

Correct.  The President has the power to say, this is when you will come back in session, if you cannot agree to the time.

[minionofmidas]

It says, "he can adjourn them to such time as he shall think proper". I suppose that doesn't mean in legalese what it sounds like ... since your explanation makes logical sense and what it sounds like does not.

Adjourn to means adjourn until.

Correct.  The President has the power to say, this is when you will come back in session, if you cannot agree to the time.

Uh wait. Could he adjourn them to 35 february, 8743?

[Emsworth]

Uh wait. Could he adjourn them to 35 february, 8743?

No, he could not. The Twenty-First Amendment provides, "The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day." Thus, at most, he could adjourn until some point in the next year.

[minionofmidas]

Thanks Em, that's a relief.

[jimrtex]

What exactly defines an 'extraordinary Occasion', or a 'Case of Disagreement'?

Congress does not have the authority to call itself into special session, but (ordinarily) instead meets once a year in regular session.  The President determines when an occasion is extraordinary - in effect ordering the Congress to meet.

When Congress adjourns, they adjourn to a time of their choosing (as agreed by the two houses).  If they can not agree, the President decides.  I don't know if this power is ever exercised, since the two houses would probably rather come to an agreement rather than give the power over to the President.