Recess appointment

A recess appointment is a type of appointment made by the President of the United States during a recess of the United States Senate to fill vacancies that occur when the Senate is not in session. Under Article II, Section 2, Clause 3 of the United States Constitution, the President is empowered to make such appointments, which last until the end of the next session of the Senate.

Background

The provision for recess appointments was included in the Constitution to allow the President to maintain the functioning of the government during periods when the Senate, which must confirm many types of presidential appointments, was not in session. Historically, when travel and communication were more difficult, the Senate would be in recess for extended periods, and it was necessary for the President to have the ability to fill vacancies during these times.

Procedure

During a recess of the Senate, the President can appoint officials without the Senate's advice and consent. The appointee can serve in an acting capacity until the end of the next session of Congress, unless the Senate confirms the appointee before then. If the Senate does not confirm the appointee, the position becomes vacant again at the end of the session.

Controversies and Legal Challenges

Recess appointments have been a subject of controversy and legal challenges, particularly when used to circumvent the Senate's role in the confirmation process. Critics argue that it undermines the checks and balances intended by the Constitution. Supporters, however, contend that it is a necessary tool for ensuring that critical positions are not left unfilled due to political gridlock in the Senate.

In recent years, the use of recess appointments has declined due to changes in Senate rules and practices, including holding pro forma sessions to prevent the Senate from officially going into recess and thus blocking the use of recess appointments.

Key Cases

Several legal cases have shaped the understanding and boundaries of recess appointments, including:

• National Labor Relations Board v. Noel Canning – In this landmark 2014 case, the Supreme Court of the United States ruled that three appointments made by President Barack Obama to the National Labor Relations Board were invalid. The Court held that the appointments, made during a three-day recess, did not qualify under the Constitution’s recess appointment clause.

Impact

The ability to make recess appointments allows the President to ensure that key positions within the federal government are filled, maintaining continuity of administration and governance. However, the use of this power can also lead to significant political and legal disputes.

See also

• Appointment and confirmation to the Supreme Court of the United States
• Advice and consent
• Executive power