Dewonkify – Pro Forma Session

A pro forma session is a short period of time when either the House or Senate is technically in legislative session but when no votes are held and no formal business is typically conducted.
United States Government, Public Sector
To print this article, all you need is to be registered or login on Mondaq.com.

The Word: Pro Forma Session

Definition:  A pro forma session is a short period of time when either the House or Senate is technically in legislative session but when no votes are held and no formal business is typically conducted.  It is a Latin term meaning "in form only."

Used in a Sentence: Both the House and the Senate held pro forma sessions to block the President from making recess appointments.

What It Means: Pro forma sessions are authorized by the Constitution, which requires that each House of Congress grant permission to each other if a recess lasts longer than three days.  Members of Congress can gavel in and out of the House and Senate galleries to show that either Chamber is still in a pro forma session.

History: Pro forma sessions have become mired in controversy over the years and have been used as a strategy by political parties to restrict a President's ability to make recess appointments to temporarily fill cabinet/political positions.  Under the Constitution, the President has the authority to make appointments when Congress is in recess.  However, if Congress is in-session (normally conducting daily business and votes or in a pro forma session where business is not being conducted), the President is not supposed to be able to make temporary recess appointments, pocket-veto bills, or call for a special session of Congress.  In 2012, the Obama Administration challenged the law and appointments were issued, regardless of the Senate claiming that it was not in recess but otherwise in a pro forma session between recess periods.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Dewonkify – Pro Forma Session

United States Government, Public Sector

Contributor

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More