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- Stay calm
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You can find more support for establishing norms and civil dialogue practices in our Civil Dialogue Toolkit.
Media Asset
National Constitution Center’s Constitution Daily Blog – Can the House delay the State of the Union Address? By Scott Bomboy
Big Constitutional Questions
- Can Congress delay the Presidents’ State of the Union address?
Headline Story
This edition of Constitution in the Headlines focuses on the State of the Union, traditionally delivered in late January or early February. The address offers a vivid example of the Constitution in action, as the president fulfills the Article II obligation to report to Congress on the nation’s condition and priorities. It is a timely opportunity to examine what the Constitution requires, how the State of the Union has evolved over time, and how the branches of government interact during one of the most visible constitutional moments of the year. In 2019, Speaker of the House Nancy Pelosi asked President Donald Trump to delay his State of the Union address during a partial government shutdown. This move sparked a debate about who controls the timing of the address and what the Constitution requires.
Article II, Section 3, says, “He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.”
Despite this section, it does not specify when, how, or in what format that information must be delivered.
Although today’s State of the Union is a televised speech delivered in the House chamber to a Joint Session of Congress with all Supreme Court Justices also in attendance that tradition developed over time. For more than a century, presidents submitted written messages, until President Woodrow Wilson revived the in-person address in 1913 and eventually helped shape the modern form we recognize today.
The understood protocol is such that as the modern address takes place in the House chamber, the House must formally invite the president, which means it can influence the timing of the event.
However, the House cannot stop the president from fulfilling his constitutional duty to report on the nation, since the president could still send a written message or deliver the information in another way.
This debate shows how constitutional requirements and political traditions can overlap and how power in the American system is sometimes exercised not through dramatic actions, but through rules, procedures, norms, and consensus between the co-equal branches of government.
Amendment / Clause Focus
- Article II, Section 3:
“He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.”
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Scholar |
Key Ideas & Quote |
Why It Matters |
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William P. Marshall and Saikrishna B. Prakash |
“Section 3 mostly imposes obligations on the President that are varied and significant. The President must provide information on the “state of the union” from “time to time.” This seems to oblige the President to share information with Congress.” |
Sharing information shapes how Congress understands national issues and how it decides to act. If the president controls that information, it affects how well Congress can legislate, investigate, or hold the executive accountable. |
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William P. Marshall |
“The Presidency has become the focus of national power and culture, giving the President the unique ability to set the political agenda.” |
When the president sets the national agenda, it influences what Congress debates, what the media covers, and what the public pays attention to. Defining the major issues gives the president a strategic advantage, since other branches often have to react to the priorities the president has already framed. |
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Saikrishna B. Prakash |
“Most of Article II, Section 3 has been inconsequential. Yet there are notable changes in practice that bear on that section. Despite the State of the Union Clause, the executive is increasingly unwilling to share information with Congress.” |
What once seemed like a simple constitutional duty has evolved into a site of competition and negotiation between the branches. The State of the Union is one of the rare moments where the Constitution requires the president to share national priorities and information openly. |
Download Think, Talk, Create PDF
Think, Talk, Create
Student Questions
- What is the State of the Union, and what does the Constitution say about it?
- How has the State of Union changed since the Founding Era, and what does that reveal about the shifting responsibilities of the president over time?
- How does the debate over delaying the State of the Union as addressed in the blog post show the difference between constitutional requirements and political norms?
Student Choice Options
- Select a State of the Union to watch or read. Recap the President’s State of the Union by creating a social media post(s) that tells the story of the address in your own words.
- Explain how the phrase “from time to time” affects the balance of power between Congress and the president. Does this flexibility strengthen or weaken checks and balances? Support your answer with evidence from the Constitution, the blog post, and/or the scholar interpretations from the Interactive Constitution.
- Use the Scholar Perspectives quoted in this Constitution in the Headlines and the blog post to engage students in dialogue about the constitutional question: Can the Congress delay the Presidents’ State of the Union address?
Beyond the Headlines
- Interactive Constitution:
