What do recess appointments tell us about the struggle for power between the legislative and executive branches of the US government?
Under the US Constitution, many appointments made by the president to posts within the federal government have to be ratified by the Senate. But if the Senate is in recess (i.e. is not currently in session) and an appointment needs to be made, what can the president do? Article II, Section 2, Clause 3 of the US Constitution covers this eventuality: ‘The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.’ In other words, the president has the power to make a temporary appointment, known as a ‘recess appointment’, if the Senate is not in session.
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