Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting. Adjournment - Article 1, Section 5, Clause 4
Comment: The Framers made sure that the two Congressional chambers had equity regarding the operations of the Legislative Branch, which was an important check on their power. For example, the Framers did not want one House to prevent the other from meeting and performing its duties. Also, under this provision, neither the House of Representatives nor the Senate would be able use its power to adjourn to another time or place in order to check the actions of the other.
Moreover, at the Convention, some were worried that the two Houses of Congress would move the "government" by simply agreeing upon the place to meet. So, the Convention decided that Congress could by "law" establish the seat of government (See Article 1, Section 8, Clause 17), but the Framers did leave Congress the ability to make temporary moves in the event of emergency circumstances. For example, during the 1790s, the three branches moved from Philadelphia to Trenton and during the War of 1812, the government moved to Washington.
While the President can adjourn Congress under Article II, Section 3, in the event Congress cannot agree, the two chambers have always come to an agreement as to when to adjourn. However, these provisions have not been without unintended consequences. For example, one of the first instances was when the Southern states seceded from the
Union. They deprived the sitting Congress of a quorum. In order to continue
governing, President Abraham Lincoln issued the very first Presidential Order
on April 15, 1861, Executive Order 1.
The most complex consequence of Clause 4 relates to when Congress takes a
recess and when it adjourns. A recess is a temporary halt to activity on the
floor. Everything stops, and when the recess ends, the chamber resumes from
where it left off. A recess might last 10 minutes or it might last weeks. The
length of time does not matter. An adjournment is a formal end to business in
the chamber, and upon return the chamber does not resume from where it left
off. Just like a recess an adjournment can be for one minute or for three
weeks. However, unlike a recess, an adjournment creates a new legislative day.
