The constitutional text

Article II · Section 3

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He 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

Source: National Constitution Center edition. Original wording is preserved; commentary explains historical and superseded provisions.

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Article II, section 3 (teaching subdivision c)

Convening Congress for extraordinary business

Current text
he may, on extraordinary Occasions, convene both Houses, or either of them,

What it means

On extraordinary occasions, the President may convene both chambers or either one. The authority can bring the relevant legislative institution together when important business cannot wait for its ordinary schedule.

Historical setting

Long travel and periods between sessions made emergency assembly a serious practical problem. The possibility of calling one chamber also accommodates functions that the Constitution assigns separately, such as Senate consideration of appointments or treaties.

What it does

The President can require assembly under the clause’s conditions but cannot thereby dictate the outcome of debate or a vote. Convening the Senate is not a substitute for obtaining its consent.

Debate & interpretation

The rule gives the executive a tool for urgency without a general power to legislate during legislative absence. It relies on the distinction between making decision-makers available and deciding for them.

A common misreading

Calling Congress into session does not empower the President to force passage of a bill or confirmation of a nominee.

Think it through

Why give the President authority to assemble another branch while preserving that branch’s freedom to refuse the requested action?

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Sources & further reading

Original Madison Center commentary. Explanations distinguish the text, historical context, and interpretive disagreements.

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