Editing Pro forma (section)

== Government ==

===Westminster system===
In certain [[Commonwealth of Nations|Commonwealth]] nations with a [[Westminster system]], such as the [[United Kingdom]], Canada, and [[Australia]], ''pro forma'' bills are introduced immediately before consideration of the [[speech from the throne]]. ''Pro forma'' bills are incomplete pieces of legislation and undergo only the [[reading (legislature)|first reading]] stage. They symbolize the authority of the [[parliament]] to discuss matters other than those specified by the [[head of state]], for which ostensibly parliament was summoned. After first reading, the bill is never considered further. The ''pro forma'' bill was first introduced in the [[House of Commons of England]] in 1558.<ref>{{cite web|url=http://www2.parl.gc.ca/Sites/LOP/LEGISINFO/index.asp?Language=E&List=faq#cs1|title=The Library of Parliament's research tool for finding information on legislation|publisher=[[Library of Parliament]]|date=2010-01-28|url-status=dead|archive-url=https://web.archive.org/web/20100202015730/http://www2.parl.gc.ca/Sites/LOP/LEGISINFO/index.asp?Language=E&list=faq#cs1|archive-date=2010-02-02}}</ref>

In the [[Parliament of the United Kingdom]], the equivalents are the [[Outlawries Bill]] in the [[British House of Commons|House of Commons]] and the [[Select Vestries Bill]] in the [[House of Lords]]. In the [[Parliament of Canada]], such bills are titled [[Bills C-1 and S-1|Bill C-1, An Act respecting the Administration of Oaths of Office, and Bill S-1, An Act relating to Railways]] in the [[House of Commons of Canada]] and [[Senate of Canada]], respectively. In the [[Australian House of Representatives]], a new bill (known as the "formal" or "privilege bill") is drafted at the start of each parliamentary term (e.g. in the [[47th Parliament of Australia|47th Parliament]] this was the [https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6873 Customs Amendment Bill 2022]) and presented by the Prime Minister. The bill is read the first time and is printed (published), but, unlike normal bills, the second reading is not moved and remains on the [[Order Paper|agenda]] indefinitely.<ref>{{Cite web |title=The Opening of Parliament |url=https://www.aph.gov.au/About_Parliament/House_of_Representatives/About_the_House_News/News/The_Opening_of_Parliament |access-date=2022-08-18 |publisher=Parliament of Australia |language=en-AU}}</ref> However, departing from British and Canadian tradition, the contents of the bills do address the matters referred to in its title, and could theoretically be enacted like any other normal bill. This practice does not extend to the [[Australian Senate]]; instead other formal business is conducted (such as [[question time]] and procedural motions) before consideration of the governor-general's speech.

===United States===
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In the federal government of the United States, either [[Chambers of parliament|house]] of the [[United States Congress|Congress]] (the [[United States House of Representatives|House of Representatives]] or the [[United States Senate|Senate]]) can hold a ''pro forma'' session at which no formal business is expected to be conducted.<ref>{{cite news | url=https://www.cnn.com/?_s=PM:POLITICS | publisher=CNN | title=Debate over FEMA funding continues in Irene aftermath | date=2011-08-31 | access-date=2019-01-04 | archive-url=https://web.archive.org/web/20120305210107/http://articles.cnn.com/2011-09-26/politics/politics_fema-funding_1_disaster-relief-fund-senate-democrats-strong-bipartisan-vote/2?_s=PM:POLITICS | archive-date=2012-03-05 | url-status=live }}</ref> This is usually to fulfill the obligation under the [[United States Constitution|Constitution]] "that neither chamber can adjourn for more than three days without the consent of the other."<ref>{{cite web|url=http://www.senate.gov/reference/glossary_term/pro_forma_session.htm |title=pro forma session |work=Senate Glossary |publisher=[[United States Senate]] |access-date=2014-02-21 |url-status=unfit |archive-url=https://web.archive.org/web/20060208115159/http://www.senate.gov/reference/glossary_term/pro_forma_session.htm |archive-date=February 8, 2006 }}</ref> ''Pro forma'' sessions can also be used to prevent the [[President of the United States|president]] from [[Pocket veto|pocket-vetoing]] bills, or calling the Congress into [[special session]].<ref>{{cite news|url=http://www.politico.com/blogs/thecrypt/0208/Democrats_set_pro_forma_sessions_to_avoid_special_session_on_FISA.html|title=Democrats set pro forma sessions to avoid 'special session' on FISA|first=John|last=Bresnahan|work=The Crypt|publisher=[[Politico]]|date=2008-02-18|access-date=2008-07-18}}</ref> They have also been used to prevent presidents from making [[recess appointment]]s.<ref name=bradbury>{{cite news |url=https://edition.cnn.com/2007/POLITICS/12/26/senate.pro.forma/index.html |title=Webb opens, closes vacant Senate session |work=CNN |first1=Ted |last1=Barrett |first2=Vandana |last2=Kilaru |date=December 26, 2007 |access-date=October 26, 2019 }}</ref>

In 2012 President [[Barack Obama]] attempted to make four appointments during a ''pro forma'' session,<ref>{{cite news|url=http://www.marketwatch.com/story/obama-to-recess-appoint-cordray-to-cfpb-2012-01-04|title=Obama recess appoints Cordray to CFPB|first=Ronald|last=Orol|publisher=MarketWatch |date=2012-01-04|access-date=2012-01-04}}</ref> calling the practice of blocking recess appointments into question.<ref>{{cite news| url=https://www.washingtonpost.com/politics/supreme-court-to-weigh-in-on-recess-appointments/2013/06/24/36f72ce8-dc74-11e2-9218-bc2ac7cd44e2_story.html | newspaper=The Washington Post | first=Robert | last=Barnes | title=Supreme Court to weigh in on Obama's recess appointments | date=2013-06-24}}</ref> However, in 2014 the [[Supreme Court of the United States]] in ''[[NLRB v. Noel Canning]]'' determined that the President had improperly used his presidential power to make these appointments, stating that while the Senate was in recess punctuated by ''pro forma'' sessions the period of time between the sessions was not long enough to invoke such power.<ref>{{cite web |url=https://www.supremecourt.gov/opinions/13pdf/12-1281_bodg.pdf |title=NRLB vs Noel Canning |publisher=[[Supreme Court of the United States]] |access-date=2014-06-26 |url-status=dead |archive-url=https://web.archive.org/web/20140627023330/http://www.supremecourt.gov/opinions/13pdf/12-1281_bodg.pdf |archive-date=2014-06-27 }}</ref>

In April 2020, President [[Donald Trump]] claimed that the president's constitutional power under Article II, Section 3 empowered him to suspend both houses of Congress (overriding the ''pro forma'' procedure), thus enabling him to make appointments to vacant government positions while Congress is suspended.<ref>{{cite web |last1=Lesniewski |first1=Niels |title=Trump threatens to force Congress to adjourn so he can make recess appointments during coronavirus crisis |url=https://rollcall.com/2020/04/15/trump-threatens-to-force-congress-to-adjourn-so-he-can-make-recess-appointments-during-coronavirus-crisis/ |website=Roll Call |access-date=9 January 2025 |date=15 April 2020}}</ref><ref name="nytTrump">{{cite web |last1=Fandos |first1=Nicholas |title=Trump Threatens to Adjourn Congress to Install Nominees. McConnell Demurs. |url=https://www.nytimes.com/2020/04/15/us/politics/trump-adjourn-congress-coronavirus.html |website=The New York Times |access-date=9 January 2025 |date=16 April 2020}}</ref> Article II, Section 3 enables the president to "convene or adjourn Congress" ... "on extraordinary occasions",<ref>{{cite web |title=Article II Section 3 |url=https://constitution.congress.gov/browse/article-2/section-3/#:~:text=He%20shall%20from%20time%20to,them%2C%20with%20Respect%20to%20the |website=Congress.gov |publisher=Library of Congress |access-date=9 January 2025 |language=en}}</ref> a power that has never been used to adjourn Congress, though it has been used on rare occasions to convene Congress.<ref>{{cite web |title=The President's Legislative Role |url=https://constitution.congress.gov/browse/essay/artII-S3-1/ALDE_00013550/#:~:text=The%20second%20clause%20of%20Article,consideration%20of%20nominations%20and%20treaties. |website=Congress.gov |publisher=Library of Congress |access-date=9 January 2025 |language=en}}</ref> The suggestion was condemned by former [[William Jefferson Clinton|Clinton]] Press Secretary [[Joe Lockhart]] and quickly shot down by the Republican Senate leader [[Mitch McConnell]].<ref name="nytTrump" /><ref>{{cite web | author = Knott, Matthew | date = April 16, 2020 | title = 'Banana Republic': Trump Threatens to Unilaterally Suspend Congress | work = SMH.com.au | url = https://www.smh.com.au/world/north-america/banana-republic-trump-threatens-to-unilaterally-suspend-congress-20200416-p54kaq.html | access-date = November 19, 2024 | location = Sydney, Australia |  
publisher = [[The Sydney Morning Herald]] }}</ref> In addition, the president's constitutional power to adjourn either or both houses of Congress is limited to situations in which the "Time of Adjournment" is disagreed upon between the House and Senate, creating a "Case of Disagreement", which implicates Article I, Section 5, of the Constitution. This section prohibits either house of Congress from adjourning for more than three days without the consent of the other house of Congress.<ref>{{Cite web | author = Jackson, William, Secretary (and Signatories) | date = 2024 | orig-date = September 17, 1787 | title = Constitution of the United States, Article 1, Section 5, Clauses 1–4 | work = Government of the [[United States]] | via = [[Legal Information Institute]] (LII), [[Cornell Law School]] | url = https://www.law.cornell.edu/constitution-conan/article-1/section-5 | access-date = November 19, 2024 | location = Ithaca, NY | publisher =  [[Cornell Law School]] LII | language=en}}</ref>{{primary source inline |date = November 2024}} 

Similar practices exist in the [[State legislature (United States)|state legislatures]], and for similar reasons; for example, in [[Minnesota]], legislative bodies have the same every-three-days meeting requirement that Congress has. ''Pro forma'' sessions are held to meet this requirement.<ref>{{cite web |title=State Constitution |publisher=Minnesota House of Representatives Public Information Services |url=https://www.house.leg.state.mn.us/hinfo/govser/GOVSER8.pdf}}</ref>