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Sen. Mike Lee urges Trump to invoke rare constitutional power to force Congress back from spring recess

05 Apr 2026 By foxnews

Sen. Mike Lee, R-Utah, is urging President Donald Trump to invoke a rarely used constitutional authority to force Congress to end its spring recess and return to Washington to address national security funding and election integrity.

Lee joined "Saturday in America" to explain why he believes lawmakers need to cut their vacations short to serve the American people while the Department of Homeland Security (DHS) remains unfunded.

"It was made a possibility back in 1787 when they wrote Article II, Section 3 of the Constitution, which gives him this power in extraordinary occasions," Lee said Saturday.

"This would give us a chance to get back and get DHS funded, and I hope, next, turn to the SAVE America Act."

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Congress left for spring recess in March and is scheduled to return in mid-April. Multiple photos of lawmakers vacationing at casinos and resorts have surfaced while legislation remains stalled.

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Lee, a sponsor of the SAVE Act, argued that requiring proof of citizenship to vote is a vital reason lawmakers must return. He said both the DHS shutdown and the need for election security qualify as the "extraordinary occasions" required for the president to step in.

"We put that on the floor, debate it, and if we keep debating it until we're ready to pass it, it will pass," he said.

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Last month, Trump considered cutting Congress' spring break short in order to end the DHS shutdown. He told the New York Post, "It's something that's under consideration."

Trump signed an executive order directing federal officials to ensure Transportation Security Administration (TSA) staff are paid during the shutdown. The order came after TSA employees missed paychecks and many called out of work, leading to long lines at airports across the country.

This power to force Congress back to work was last used under President Harry S. Truman in 1948 and remains an extremely rare tool.