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**santorio** · 04-19-2010, 03:05 AM

Who ever wrote this is proclaiming all most total bullsh--.

Art I Section 4 Paragraph 2
The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.

It doesn't matter it they adjourned or not. The Constitution says that they MUST assemble once a year on the first Monday in December. This was modified later by the 20th Amendment to be Jan 3rd. And as provided by that amendment they moved it to the the next day should it fall on a Sunday.

So if they fail to assign the next session they must assemble again on the first Monday of December and not before, except:

And the President CAN call Congress into session.

Art II. Section 3
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.

I'd call a civil war an extraordinary occasion but it can be anything as this is not defined.

Who ever you quoted from is an idiot at least on those two points. He has merit on lack of a quorum but only if they claim that the states were still members of the union. If they claim to have quorum then they must be recognizing the right to succeed thus changing the number of states in the Union, thus changing the number of members of Congress and thus reducing the number needed for quorum. So in otherwords for the Congress to have assembled with that is the legal recognition that the CSA states were indeed now separated from the Union.

Which doesn't make the USA government desuetude. It simply means that the southern states left the Union and the Union attacked and forced the surrender of the southern states and they were readmitted to the Union. If they never legally left then would not need to be readmitted. Yet each State and the Congress passed acts of readmission for each state.

Here is the act for Texas: http://ritter.tea.state.tx.us/ssc/pr..._the_Union.pdf

None of that could be done if as asserted by Lincoln to the press that the states never left the union. They frequently said that in public yet LEGALLY they took the steps to function as if they had left and then returned. Now you can question weather it is legal to force a state back into the union at gunpoint. Which is what Reconstruction did. Federal troops only stopped occupying states until after they were readmitted. and it took years for that to occur. All the states were readmitted by 1870 but troops were not pulled out fully until 1877.

04-19-2010, 03:05 AM	#2
santorio Join Date Oct 2005 Posts 470 Senior Member	Who ever wrote this is proclaiming all most total bullsh--. Art I Section 4 Paragraph 2 The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day. It doesn't matter it they adjourned or not. The Constitution says that they MUST assemble once a year on the first Monday in December. This was modified later by the 20th Amendment to be Jan 3rd. And as provided by that amendment they moved it to the the next day should it fall on a Sunday. So if they fail to assign the next session they must assemble again on the first Monday of December and not before, except: And the President CAN call Congress into session. Art II. Section 3 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. I'd call a civil war an extraordinary occasion but it can be anything as this is not defined. Who ever you quoted from is an idiot at least on those two points. He has merit on lack of a quorum but only if they claim that the states were still members of the union. If they claim to have quorum then they must be recognizing the right to succeed thus changing the number of states in the Union, thus changing the number of members of Congress and thus reducing the number needed for quorum. So in otherwords for the Congress to have assembled with that is the legal recognition that the CSA states were indeed now separated from the Union. Which doesn't make the USA government desuetude. It simply means that the southern states left the Union and the Union attacked and forced the surrender of the southern states and they were readmitted to the Union. If they never legally left then would not need to be readmitted. Yet each State and the Congress passed acts of readmission for each state. Here is the act for Texas: http://ritter.tea.state.tx.us/ssc/pr..._the_Union.pdf None of that could be done if as asserted by Lincoln to the press that the states never left the union. They frequently said that in public yet LEGALLY they took the steps to function as if they had left and then returned. Now you can question weather it is legal to force a state back into the union at gunpoint. Which is what Reconstruction did. Federal troops only stopped occupying states until after they were readmitted. and it took years for that to occur. All the states were readmitted by 1870 but troops were not pulled out fully until 1877.
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