Currently, the House under Republican control is having pro forma sessions to keep President Obama from being able to make recess appointments. The Senate, even though it is under Democratic control, is playing along with this.
But what if it didn't?
What if the Senate disagreed and decided to adjourn for the full length of a Congressional break without pro forma sessions? Is there a Constitutional resolution to this impasse?
Article 2 Section 3 of the Constitution:
Section 3
[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.
Wouldn't this allow the President to adjourn the Congress for X amount of time without pro forma sessions and in the meantime make recess appointments? Or could the Republicans in the Senate filibuster this?
I'm not a lawyer so please feel free to set me straight on this if I'm misreading.