Special Sessions: Reflecting Our Constitutional Principles

The calling of a special session is a constitutional principle that exists to address urgent or extraordinary situations requiring immediate congressional action. In the United States, the President has the power to convene both Houses or either of them on such occasions, as outlined in Article II, Section 3 of the US Constitution. This principle also applies to individual US states, where the governor or the legislature may call a special session. Notably, the governor of Texas can convene the Legislature at any time and for any reason, but must state the purpose in a proclamation. The Texas Constitution further stipulates that there shall be no legislation on subjects other than those designated in the governor's proclamation during a special session.

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The President's power to call a special session

In the United States, Article II, Section 3 of the Constitution gives the President the power to call a special session of Congress when it is adjourned. This power is reserved for urgent or extraordinary situations that require congressional action. The President can "on extraordinary occasions, convene both Houses or either of them". This means that the President can recall only the Senate or recall both Chambers of Congress.

Throughout history, US Presidents have exercised this power 46 times to recall only the Senate and 28 times to recall both Chambers of Congress. The most recent example was in 1948, when President Harry Truman called a special session.

It is important to note that the Senate differentiates between "extraordinary sessions" called by the President and "special sessions". "Extraordinary sessions" refer specifically to those convened by a Presidential proclamation, while "special sessions" simply refer to any session that is not normally scheduled.

While the President has the power to call a special session at the federal level, the ability to convene special sessions at the state level varies. In some states, the power rests solely with the governor, while in others, both the governor and the legislature have the authority to call a special session.

The Governor's power to call a special session

The power to call a special session varies depending on the location and the level of government. At the national level, the power to call a special session usually rests with the head of state. For example, in the United States of America, Article II, Section 3 of the United States Constitution gives the President of the United States the power to call a special session on extraordinary occasions. Similarly, the President of India is authorized to convene Parliament at their discretion, with no more than six months between sessions.

At the state level, the power to call a special session typically rests with the governor or the legislature, depending on the state's constitution and laws. In the United States, for example, some states vest the governor with the sole authority to call a special session, while in others, the governor and legislature share this power. The governor's power to call a special session is often subject to certain conditions and limitations outlined in the state's constitution or laws. For instance, in Texas, the governor may call a special session at any time and for any reason, but they must state the purpose and agenda of the session in advance. Additionally, there is no limitation on the number of topics a governor can designate in a special session proclamation, and they can convene the legislature at the seat of government or a different place in extraordinary circumstances.

The governor's ability to call a special session is a significant power that enables them to address urgent or extraordinary situations, propose legislation, and convey policy priorities. It allows governors to play a crucial role in coordinating with state legislatures and establishing priorities for the use of state resources. Furthermore, it empowers them to ensure that the rules and regulations promulgated by state agencies and departments align with their priorities and philosophy. By calling special sessions, governors can actively shape the legislative agenda and influence the direction of public policy in their states.

In summary, the governor's power to call a special session is a fundamental aspect of their role in relation to state legislatures. While the specifics may vary across states and countries, the governor's authority to convene special sessions grants them the ability to address pressing issues, advance their policy agenda, and collaborate with legislative bodies to govern effectively. This power reflects the constitutional principle of providing a mechanism for executive leaders to respond to urgent matters and guide legislative processes when necessary.

Special session duration

The duration of special sessions can vary, and the power to convene them rests with different figures depending on the country and state in question.

In the United States, Article II, Section 3 of the Constitution gives the President the power to convene both Houses or either of them on "extraordinary occasions". This power has been used 46 times to recall only the Senate and 28 times to recall both Chambers of Congress. The Senate differentiates between "extraordinary sessions" and "special sessions", the latter indicating a session not normally scheduled.

In US states, the power to call a special session varies. In Alabama, Arkansas, California, Indiana, Kentucky, Michigan, Minnesota, Mississippi, North Dakota, Rhode Island, South Carolina, Texas, and Vermont, only the governor can call a special session. In the other 37 states, both the governor and the legislature have the power to call one.

In Texas, there is no limit on the number of special sessions a governor may call, and they can be convened back-to-back. A special session cannot last longer than thirty days, and the governor must state the purpose of the session in their proclamation.

The President of India is authorised to convene Parliament at their discretion, with no more than six months between sessions.

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Topics of discussion during a special session

The topics of discussion during a special session are set by the governor, who also calls the session. These sessions are called to address specific issues or emergencies that require immediate attention and cannot wait for the regular legislative sessions. While the governor sets the agenda, legislators can sometimes request additional topics.

In the United States, special sessions are gatherings of the legislature called to address specific issues that arise outside the regular session. They can cover a range of issues but are limited to the specific topics outlined by the governor in the proclamation that calls for the session. There is no limit to the number of topics a governor can designate. For example, in the 43rd Legislature, 1st Called Session, legislation was allowed on 153 topics.

Special sessions can be called to address urgent issues such as budgetary concerns or important legislation that needs timely approval. For instance, a governor might call a special session to address funding for disaster relief efforts immediately following a natural disaster. This allows the legislature to act quickly to allocate the necessary resources.

In addition, a special session can be called to address extraordinary occasions, such as when the legislature needs to convene at a different place due to a disease threat or if the usual meeting place is in the possession of a public enemy.

In some states, only the governor can call a special session, while in others, the governor and legislature share this power. The states where the governor has sole power are Alabama, Arkansas, California, Indiana, Kentucky, Michigan, Minnesota, Mississippi, North Dakota, Rhode Island, South Carolina, Texas, and Vermont.

Vetoing legislation from a special session

The power to call a special session varies. In some US states, the governor holds this power, while in others, it rests with the legislature or the legislature's speaker or presiding officer. The President of the United States also has the authority to convene both Houses or either of them on extraordinary occasions, as outlined in Article II, Section 3 of the United States Constitution.

Now, regarding vetoing legislation from a special session, the process can vary depending on the specific rules and procedures in place. For example, in the state of Virginia, the governor plays a crucial role in this process. Here's an overview:

During a special session in Virginia, the governor has seven days to act on a bill that has passed the Senate and House of Delegates. The governor has three options: they can sign the bill into law if they approve, veto the bill by returning it with objections to the house of origin, or recommend specific amendments to the bill. If the governor chooses to veto, the house of origin can attempt to override the veto by a two-thirds vote, including a majority of the members elected to that house. If the veto is overridden, the bill moves to the other house for reconsideration, and a two-thirds vote there can turn the bill into law without the governor's signature. If the governor's amendments are recommended, both houses must agree to them for the bill to become law.

Additionally, if there are fewer than seven days remaining in the special session when a bill is presented to the governor, they have thirty days from the date of adjournment to act on the bill and exercise one of the three options. If the governor fails to act on the bill within thirty days after the adjournment of the reconvened session, it becomes law without their signature.

The concept of a "pocket veto" is also relevant to vetoing legislation from a special session. A pocket veto refers to a situation where the president or governor does not sign a bill, preventing it from becoming law. This can occur when the legislature approves a bill, sends it to the president or governor, and then adjourns before the allotted time (often ten days) elapses for the bill to be returned. In such cases, the executive can block the legislation without a formal veto, and the legislature must reintroduce the bill if they wish to pursue it further.

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