Can the speaker of the house disinvite the president to state of the union address
Can the speaker of the house legally rescend and invitation to the president to the state of the union? If the speaker merely postpones, is this a valid workaround if it is not legal?
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Can the speaker of the house legally rescend and invitation to the president to the state of the union? If the speaker merely postpones, is this a valid workaround if it is not legal?
united-states president house-of-representatives
add a comment |
Can the speaker of the house legally rescend and invitation to the president to the state of the union? If the speaker merely postpones, is this a valid workaround if it is not legal?
united-states president house-of-representatives
Can the speaker of the house legally rescend and invitation to the president to the state of the union? If the speaker merely postpones, is this a valid workaround if it is not legal?
united-states president house-of-representatives
united-states president house-of-representatives
edited 1 hour ago
JJJ
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asked 1 hour ago
spmoosespmoose
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3 Answers
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votes
The State of the Union speech is purely a tradition. There are no laws regarding it, although there may be rules within each house of Congress that address it.
The only requirement is specified in the Constitution (Article II, Section 3):
[The president] shall from time to time give to Congress information of the State of the Union and recommend to their Consideration such measures as he shall judge necessary and expedient.
How the president does this has changed over time - for a good chunk of US history, it was a letter delivered to Congress, not a speech at all. But the current traditions involve the Congress passing a joint resolution (both houses agree, but it isn't a law) scheduling a joint session, and then the Speaker of the House (presumably because it's the physically larger chamber) issuing an invitation to the President to deliver a speech (or other communication) at that time.
More details from the Congressional Research Office here: https://fas.org/sgp/crs/misc/R40132.pdf
All of which is to say, there are no requirements whatsoever on how the State of the Union is conducted, so Congress (and the Speaker specifically) can do pretty much anything they want. Likewise, there are no specific requirements whatsoever on how the President delivers it or what he addresses.
2
To the last paragraph, after "conducted," I would add "or even whether it is a speech, ...."
– phoog
59 mins ago
@phoog Good catch. I actually went the other way and removed "speech" instead, though.
– Bobson
51 mins ago
As an entirely opinionated followup to this answer: There's a part of me that wants to see what would happen if the President delivered a SotU via Twitter @'s...
– Bobson
48 mins ago
2
The constitution just says "from time to time." Daily at 4 am meets that requirement.
– phoog
41 mins ago
2
@Bobson There's no length or content requirement either, so it could just be a tweet listing each policy area and a status emoji.
– IllusiveBrian
35 mins ago
add a comment |
Yes. There is a moment during the SOTU where the Seargent of Arms "presents the President of the United States" to the the Speaker. This is a formal matter as no one is allowed on the House (Or Senate, but it's much to small of a chamber for the purposes of the SOTU) floor without the leadership's approval. Thus, the President must be invited and can be uninvited by the Speaker.
It should be noted that, at time of writing, the Speaker has not uninvited the President, but merely noted that it would be better to postpone until after the shutdown. This seems to be due to an abundance of caution as the Secret Service is designated security lead for the event and they are currently in a Furlough status due to the shut down. The alternative solution is to send a copy of the address to the Speaker and Senate Leadership on the date it was scheduled. The Constitution does not require the President to make a speech to the joint session, though it's been a thing since Woodrow Wilson. Letters were common way of delivering the address. It's also not a time constrained event, as the Constitution is mum on the exact time, other than he should do it several times during his administration. Annual is just something everyone thought was a good idea.
2
The president is one of a long list of people who has standing authorization to enter the "hall of the house" under Rule IV, including justices, governors, (executive?) department heads, and "foreign ministers" (whatever that means). As far as I can tell, the introduction by the Sergeant at Arms is just a bit of political theater. (If the president's presence required the speaker's explicit authorization, the political theater would probably reflect that, as when the UK monarch addresses parliament.)
– phoog
45 mins ago
Actually it doesn't even say several times. Just "from time to time" which probably doesn't have any legal compulsory meaning. Heck, it doesn't even define what a State of the Union address is, you could argue any speech (or letter) meets the requirement.
– pboss3010
26 mins ago
As @phoog said. The announcement is closer to the tradition of announcing people as they enter the throne room, or arrive at a social event.
– Bobson
25 mins ago
add a comment |
According to the articles I've seen, she has suggested that he reschedule the address, or consider delivering it in written form.
The president has the power to convene a joint session of congress "on extraordinary occasions," so while the speaker may be able to cancel a specific event that was scheduled under her (partial?) authority, she cannot prevent the president from addressing congress altogether.
The president's ability to convene congress does not of course guarantee that people will actually attend, however, so the whole thing could quickly become very petty. This is presumably why she did not bluntly rescind any invitation she may have issued.
The obligatory constitutional quotation is from Article II, section 3:
He shall from time to time give to the Congress Information of the State of the Union...; he may, on extraordinary Occasions, convene both Houses, or either of them....
Downvoter, please comment. Thanks.
– phoog
18 mins ago
add a comment |
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3 Answers
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active
oldest
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3 Answers
3
active
oldest
votes
active
oldest
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active
oldest
votes
The State of the Union speech is purely a tradition. There are no laws regarding it, although there may be rules within each house of Congress that address it.
The only requirement is specified in the Constitution (Article II, Section 3):
[The president] shall from time to time give to Congress information of the State of the Union and recommend to their Consideration such measures as he shall judge necessary and expedient.
How the president does this has changed over time - for a good chunk of US history, it was a letter delivered to Congress, not a speech at all. But the current traditions involve the Congress passing a joint resolution (both houses agree, but it isn't a law) scheduling a joint session, and then the Speaker of the House (presumably because it's the physically larger chamber) issuing an invitation to the President to deliver a speech (or other communication) at that time.
More details from the Congressional Research Office here: https://fas.org/sgp/crs/misc/R40132.pdf
All of which is to say, there are no requirements whatsoever on how the State of the Union is conducted, so Congress (and the Speaker specifically) can do pretty much anything they want. Likewise, there are no specific requirements whatsoever on how the President delivers it or what he addresses.
2
To the last paragraph, after "conducted," I would add "or even whether it is a speech, ...."
– phoog
59 mins ago
@phoog Good catch. I actually went the other way and removed "speech" instead, though.
– Bobson
51 mins ago
As an entirely opinionated followup to this answer: There's a part of me that wants to see what would happen if the President delivered a SotU via Twitter @'s...
– Bobson
48 mins ago
2
The constitution just says "from time to time." Daily at 4 am meets that requirement.
– phoog
41 mins ago
2
@Bobson There's no length or content requirement either, so it could just be a tweet listing each policy area and a status emoji.
– IllusiveBrian
35 mins ago
add a comment |
The State of the Union speech is purely a tradition. There are no laws regarding it, although there may be rules within each house of Congress that address it.
The only requirement is specified in the Constitution (Article II, Section 3):
[The president] shall from time to time give to Congress information of the State of the Union and recommend to their Consideration such measures as he shall judge necessary and expedient.
How the president does this has changed over time - for a good chunk of US history, it was a letter delivered to Congress, not a speech at all. But the current traditions involve the Congress passing a joint resolution (both houses agree, but it isn't a law) scheduling a joint session, and then the Speaker of the House (presumably because it's the physically larger chamber) issuing an invitation to the President to deliver a speech (or other communication) at that time.
More details from the Congressional Research Office here: https://fas.org/sgp/crs/misc/R40132.pdf
All of which is to say, there are no requirements whatsoever on how the State of the Union is conducted, so Congress (and the Speaker specifically) can do pretty much anything they want. Likewise, there are no specific requirements whatsoever on how the President delivers it or what he addresses.
2
To the last paragraph, after "conducted," I would add "or even whether it is a speech, ...."
– phoog
59 mins ago
@phoog Good catch. I actually went the other way and removed "speech" instead, though.
– Bobson
51 mins ago
As an entirely opinionated followup to this answer: There's a part of me that wants to see what would happen if the President delivered a SotU via Twitter @'s...
– Bobson
48 mins ago
2
The constitution just says "from time to time." Daily at 4 am meets that requirement.
– phoog
41 mins ago
2
@Bobson There's no length or content requirement either, so it could just be a tweet listing each policy area and a status emoji.
– IllusiveBrian
35 mins ago
add a comment |
The State of the Union speech is purely a tradition. There are no laws regarding it, although there may be rules within each house of Congress that address it.
The only requirement is specified in the Constitution (Article II, Section 3):
[The president] shall from time to time give to Congress information of the State of the Union and recommend to their Consideration such measures as he shall judge necessary and expedient.
How the president does this has changed over time - for a good chunk of US history, it was a letter delivered to Congress, not a speech at all. But the current traditions involve the Congress passing a joint resolution (both houses agree, but it isn't a law) scheduling a joint session, and then the Speaker of the House (presumably because it's the physically larger chamber) issuing an invitation to the President to deliver a speech (or other communication) at that time.
More details from the Congressional Research Office here: https://fas.org/sgp/crs/misc/R40132.pdf
All of which is to say, there are no requirements whatsoever on how the State of the Union is conducted, so Congress (and the Speaker specifically) can do pretty much anything they want. Likewise, there are no specific requirements whatsoever on how the President delivers it or what he addresses.
The State of the Union speech is purely a tradition. There are no laws regarding it, although there may be rules within each house of Congress that address it.
The only requirement is specified in the Constitution (Article II, Section 3):
[The president] shall from time to time give to Congress information of the State of the Union and recommend to their Consideration such measures as he shall judge necessary and expedient.
How the president does this has changed over time - for a good chunk of US history, it was a letter delivered to Congress, not a speech at all. But the current traditions involve the Congress passing a joint resolution (both houses agree, but it isn't a law) scheduling a joint session, and then the Speaker of the House (presumably because it's the physically larger chamber) issuing an invitation to the President to deliver a speech (or other communication) at that time.
More details from the Congressional Research Office here: https://fas.org/sgp/crs/misc/R40132.pdf
All of which is to say, there are no requirements whatsoever on how the State of the Union is conducted, so Congress (and the Speaker specifically) can do pretty much anything they want. Likewise, there are no specific requirements whatsoever on how the President delivers it or what he addresses.
edited 51 mins ago
answered 1 hour ago
BobsonBobson
13.1k12971
13.1k12971
2
To the last paragraph, after "conducted," I would add "or even whether it is a speech, ...."
– phoog
59 mins ago
@phoog Good catch. I actually went the other way and removed "speech" instead, though.
– Bobson
51 mins ago
As an entirely opinionated followup to this answer: There's a part of me that wants to see what would happen if the President delivered a SotU via Twitter @'s...
– Bobson
48 mins ago
2
The constitution just says "from time to time." Daily at 4 am meets that requirement.
– phoog
41 mins ago
2
@Bobson There's no length or content requirement either, so it could just be a tweet listing each policy area and a status emoji.
– IllusiveBrian
35 mins ago
add a comment |
2
To the last paragraph, after "conducted," I would add "or even whether it is a speech, ...."
– phoog
59 mins ago
@phoog Good catch. I actually went the other way and removed "speech" instead, though.
– Bobson
51 mins ago
As an entirely opinionated followup to this answer: There's a part of me that wants to see what would happen if the President delivered a SotU via Twitter @'s...
– Bobson
48 mins ago
2
The constitution just says "from time to time." Daily at 4 am meets that requirement.
– phoog
41 mins ago
2
@Bobson There's no length or content requirement either, so it could just be a tweet listing each policy area and a status emoji.
– IllusiveBrian
35 mins ago
2
2
To the last paragraph, after "conducted," I would add "or even whether it is a speech, ...."
– phoog
59 mins ago
To the last paragraph, after "conducted," I would add "or even whether it is a speech, ...."
– phoog
59 mins ago
@phoog Good catch. I actually went the other way and removed "speech" instead, though.
– Bobson
51 mins ago
@phoog Good catch. I actually went the other way and removed "speech" instead, though.
– Bobson
51 mins ago
As an entirely opinionated followup to this answer: There's a part of me that wants to see what would happen if the President delivered a SotU via Twitter @'s...
– Bobson
48 mins ago
As an entirely opinionated followup to this answer: There's a part of me that wants to see what would happen if the President delivered a SotU via Twitter @'s...
– Bobson
48 mins ago
2
2
The constitution just says "from time to time." Daily at 4 am meets that requirement.
– phoog
41 mins ago
The constitution just says "from time to time." Daily at 4 am meets that requirement.
– phoog
41 mins ago
2
2
@Bobson There's no length or content requirement either, so it could just be a tweet listing each policy area and a status emoji.
– IllusiveBrian
35 mins ago
@Bobson There's no length or content requirement either, so it could just be a tweet listing each policy area and a status emoji.
– IllusiveBrian
35 mins ago
add a comment |
Yes. There is a moment during the SOTU where the Seargent of Arms "presents the President of the United States" to the the Speaker. This is a formal matter as no one is allowed on the House (Or Senate, but it's much to small of a chamber for the purposes of the SOTU) floor without the leadership's approval. Thus, the President must be invited and can be uninvited by the Speaker.
It should be noted that, at time of writing, the Speaker has not uninvited the President, but merely noted that it would be better to postpone until after the shutdown. This seems to be due to an abundance of caution as the Secret Service is designated security lead for the event and they are currently in a Furlough status due to the shut down. The alternative solution is to send a copy of the address to the Speaker and Senate Leadership on the date it was scheduled. The Constitution does not require the President to make a speech to the joint session, though it's been a thing since Woodrow Wilson. Letters were common way of delivering the address. It's also not a time constrained event, as the Constitution is mum on the exact time, other than he should do it several times during his administration. Annual is just something everyone thought was a good idea.
2
The president is one of a long list of people who has standing authorization to enter the "hall of the house" under Rule IV, including justices, governors, (executive?) department heads, and "foreign ministers" (whatever that means). As far as I can tell, the introduction by the Sergeant at Arms is just a bit of political theater. (If the president's presence required the speaker's explicit authorization, the political theater would probably reflect that, as when the UK monarch addresses parliament.)
– phoog
45 mins ago
Actually it doesn't even say several times. Just "from time to time" which probably doesn't have any legal compulsory meaning. Heck, it doesn't even define what a State of the Union address is, you could argue any speech (or letter) meets the requirement.
– pboss3010
26 mins ago
As @phoog said. The announcement is closer to the tradition of announcing people as they enter the throne room, or arrive at a social event.
– Bobson
25 mins ago
add a comment |
Yes. There is a moment during the SOTU where the Seargent of Arms "presents the President of the United States" to the the Speaker. This is a formal matter as no one is allowed on the House (Or Senate, but it's much to small of a chamber for the purposes of the SOTU) floor without the leadership's approval. Thus, the President must be invited and can be uninvited by the Speaker.
It should be noted that, at time of writing, the Speaker has not uninvited the President, but merely noted that it would be better to postpone until after the shutdown. This seems to be due to an abundance of caution as the Secret Service is designated security lead for the event and they are currently in a Furlough status due to the shut down. The alternative solution is to send a copy of the address to the Speaker and Senate Leadership on the date it was scheduled. The Constitution does not require the President to make a speech to the joint session, though it's been a thing since Woodrow Wilson. Letters were common way of delivering the address. It's also not a time constrained event, as the Constitution is mum on the exact time, other than he should do it several times during his administration. Annual is just something everyone thought was a good idea.
2
The president is one of a long list of people who has standing authorization to enter the "hall of the house" under Rule IV, including justices, governors, (executive?) department heads, and "foreign ministers" (whatever that means). As far as I can tell, the introduction by the Sergeant at Arms is just a bit of political theater. (If the president's presence required the speaker's explicit authorization, the political theater would probably reflect that, as when the UK monarch addresses parliament.)
– phoog
45 mins ago
Actually it doesn't even say several times. Just "from time to time" which probably doesn't have any legal compulsory meaning. Heck, it doesn't even define what a State of the Union address is, you could argue any speech (or letter) meets the requirement.
– pboss3010
26 mins ago
As @phoog said. The announcement is closer to the tradition of announcing people as they enter the throne room, or arrive at a social event.
– Bobson
25 mins ago
add a comment |
Yes. There is a moment during the SOTU where the Seargent of Arms "presents the President of the United States" to the the Speaker. This is a formal matter as no one is allowed on the House (Or Senate, but it's much to small of a chamber for the purposes of the SOTU) floor without the leadership's approval. Thus, the President must be invited and can be uninvited by the Speaker.
It should be noted that, at time of writing, the Speaker has not uninvited the President, but merely noted that it would be better to postpone until after the shutdown. This seems to be due to an abundance of caution as the Secret Service is designated security lead for the event and they are currently in a Furlough status due to the shut down. The alternative solution is to send a copy of the address to the Speaker and Senate Leadership on the date it was scheduled. The Constitution does not require the President to make a speech to the joint session, though it's been a thing since Woodrow Wilson. Letters were common way of delivering the address. It's also not a time constrained event, as the Constitution is mum on the exact time, other than he should do it several times during his administration. Annual is just something everyone thought was a good idea.
Yes. There is a moment during the SOTU where the Seargent of Arms "presents the President of the United States" to the the Speaker. This is a formal matter as no one is allowed on the House (Or Senate, but it's much to small of a chamber for the purposes of the SOTU) floor without the leadership's approval. Thus, the President must be invited and can be uninvited by the Speaker.
It should be noted that, at time of writing, the Speaker has not uninvited the President, but merely noted that it would be better to postpone until after the shutdown. This seems to be due to an abundance of caution as the Secret Service is designated security lead for the event and they are currently in a Furlough status due to the shut down. The alternative solution is to send a copy of the address to the Speaker and Senate Leadership on the date it was scheduled. The Constitution does not require the President to make a speech to the joint session, though it's been a thing since Woodrow Wilson. Letters were common way of delivering the address. It's also not a time constrained event, as the Constitution is mum on the exact time, other than he should do it several times during his administration. Annual is just something everyone thought was a good idea.
answered 59 mins ago
hszmvhszmv
4,351618
4,351618
2
The president is one of a long list of people who has standing authorization to enter the "hall of the house" under Rule IV, including justices, governors, (executive?) department heads, and "foreign ministers" (whatever that means). As far as I can tell, the introduction by the Sergeant at Arms is just a bit of political theater. (If the president's presence required the speaker's explicit authorization, the political theater would probably reflect that, as when the UK monarch addresses parliament.)
– phoog
45 mins ago
Actually it doesn't even say several times. Just "from time to time" which probably doesn't have any legal compulsory meaning. Heck, it doesn't even define what a State of the Union address is, you could argue any speech (or letter) meets the requirement.
– pboss3010
26 mins ago
As @phoog said. The announcement is closer to the tradition of announcing people as they enter the throne room, or arrive at a social event.
– Bobson
25 mins ago
add a comment |
2
The president is one of a long list of people who has standing authorization to enter the "hall of the house" under Rule IV, including justices, governors, (executive?) department heads, and "foreign ministers" (whatever that means). As far as I can tell, the introduction by the Sergeant at Arms is just a bit of political theater. (If the president's presence required the speaker's explicit authorization, the political theater would probably reflect that, as when the UK monarch addresses parliament.)
– phoog
45 mins ago
Actually it doesn't even say several times. Just "from time to time" which probably doesn't have any legal compulsory meaning. Heck, it doesn't even define what a State of the Union address is, you could argue any speech (or letter) meets the requirement.
– pboss3010
26 mins ago
As @phoog said. The announcement is closer to the tradition of announcing people as they enter the throne room, or arrive at a social event.
– Bobson
25 mins ago
2
2
The president is one of a long list of people who has standing authorization to enter the "hall of the house" under Rule IV, including justices, governors, (executive?) department heads, and "foreign ministers" (whatever that means). As far as I can tell, the introduction by the Sergeant at Arms is just a bit of political theater. (If the president's presence required the speaker's explicit authorization, the political theater would probably reflect that, as when the UK monarch addresses parliament.)
– phoog
45 mins ago
The president is one of a long list of people who has standing authorization to enter the "hall of the house" under Rule IV, including justices, governors, (executive?) department heads, and "foreign ministers" (whatever that means). As far as I can tell, the introduction by the Sergeant at Arms is just a bit of political theater. (If the president's presence required the speaker's explicit authorization, the political theater would probably reflect that, as when the UK monarch addresses parliament.)
– phoog
45 mins ago
Actually it doesn't even say several times. Just "from time to time" which probably doesn't have any legal compulsory meaning. Heck, it doesn't even define what a State of the Union address is, you could argue any speech (or letter) meets the requirement.
– pboss3010
26 mins ago
Actually it doesn't even say several times. Just "from time to time" which probably doesn't have any legal compulsory meaning. Heck, it doesn't even define what a State of the Union address is, you could argue any speech (or letter) meets the requirement.
– pboss3010
26 mins ago
As @phoog said. The announcement is closer to the tradition of announcing people as they enter the throne room, or arrive at a social event.
– Bobson
25 mins ago
As @phoog said. The announcement is closer to the tradition of announcing people as they enter the throne room, or arrive at a social event.
– Bobson
25 mins ago
add a comment |
According to the articles I've seen, she has suggested that he reschedule the address, or consider delivering it in written form.
The president has the power to convene a joint session of congress "on extraordinary occasions," so while the speaker may be able to cancel a specific event that was scheduled under her (partial?) authority, she cannot prevent the president from addressing congress altogether.
The president's ability to convene congress does not of course guarantee that people will actually attend, however, so the whole thing could quickly become very petty. This is presumably why she did not bluntly rescind any invitation she may have issued.
The obligatory constitutional quotation is from Article II, section 3:
He shall from time to time give to the Congress Information of the State of the Union...; he may, on extraordinary Occasions, convene both Houses, or either of them....
Downvoter, please comment. Thanks.
– phoog
18 mins ago
add a comment |
According to the articles I've seen, she has suggested that he reschedule the address, or consider delivering it in written form.
The president has the power to convene a joint session of congress "on extraordinary occasions," so while the speaker may be able to cancel a specific event that was scheduled under her (partial?) authority, she cannot prevent the president from addressing congress altogether.
The president's ability to convene congress does not of course guarantee that people will actually attend, however, so the whole thing could quickly become very petty. This is presumably why she did not bluntly rescind any invitation she may have issued.
The obligatory constitutional quotation is from Article II, section 3:
He shall from time to time give to the Congress Information of the State of the Union...; he may, on extraordinary Occasions, convene both Houses, or either of them....
Downvoter, please comment. Thanks.
– phoog
18 mins ago
add a comment |
According to the articles I've seen, she has suggested that he reschedule the address, or consider delivering it in written form.
The president has the power to convene a joint session of congress "on extraordinary occasions," so while the speaker may be able to cancel a specific event that was scheduled under her (partial?) authority, she cannot prevent the president from addressing congress altogether.
The president's ability to convene congress does not of course guarantee that people will actually attend, however, so the whole thing could quickly become very petty. This is presumably why she did not bluntly rescind any invitation she may have issued.
The obligatory constitutional quotation is from Article II, section 3:
He shall from time to time give to the Congress Information of the State of the Union...; he may, on extraordinary Occasions, convene both Houses, or either of them....
According to the articles I've seen, she has suggested that he reschedule the address, or consider delivering it in written form.
The president has the power to convene a joint session of congress "on extraordinary occasions," so while the speaker may be able to cancel a specific event that was scheduled under her (partial?) authority, she cannot prevent the president from addressing congress altogether.
The president's ability to convene congress does not of course guarantee that people will actually attend, however, so the whole thing could quickly become very petty. This is presumably why she did not bluntly rescind any invitation she may have issued.
The obligatory constitutional quotation is from Article II, section 3:
He shall from time to time give to the Congress Information of the State of the Union...; he may, on extraordinary Occasions, convene both Houses, or either of them....
edited 38 mins ago
answered 1 hour ago
phoogphoog
2,99511221
2,99511221
Downvoter, please comment. Thanks.
– phoog
18 mins ago
add a comment |
Downvoter, please comment. Thanks.
– phoog
18 mins ago
Downvoter, please comment. Thanks.
– phoog
18 mins ago
Downvoter, please comment. Thanks.
– phoog
18 mins ago
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