One of my favorite obscure provisions of the Constitution got some love today in Noel Canning oral arguments courtesy of Miguel Estrada.
Now, the fundamental problem with the President’s position here is twofold. We have Senate records. There is — the Journal Clause of the Constitution directs each house of the Congress to have a journal of its proceedings. The Journal of the Senate, which is in relevant part printed in our appendix, shows that on each of the disputed dates the Senate was called to order and then adjourned. It is an official record of the Senate.
Followed by the good ‘ol “Rules of Proceedings” clause!
It says the Senate was called to order and then adjourned