Recess Appointments

By Douglas V. Gibbs

As someone who has made it his business to understand the U.S. Constitution, I often receive questions about the document. Recently, I was asked about Recess Appointments.

So, Bill, here's your answer:

Recess Appointments

Article II, Section 2 of the U.S. Constitution states: 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.

This clause refers to what is called “a recess appointment.” A recess appointment is the appointment of a senior federal official (department head, judge, etc.) by the President while the U.S. Senate is in recess. Remember, as the voice of the States in the federal government, the Senate must confirm all appointments of senior federal officers before they assume office. However, while the U.S. Senate is in recess, and during the early years of this nation that meant they could be a few days ride away, the President can make a recess appointment without Senate confirmation. However, the appointment only remains in effect until the next session. A recess appointment must be approved by the Senate by the end of the next session of Congress, or the position becomes vacant again.

Remember, the House and the Senate were originally made up very differently. The Representatives go to Washington to serve their district, and to act in accordance with the will of the people in their district, making the House of Representatives literally the voice of the people in the federal government.

The Senate was made up of Senators appointed by the State legislatures. The Senators represented the States, and they made up the State coalition of the federal government. It was through the Senate that the States had representation in the federal government, and could ensure, along with the House of Representatives, to provide a series of checks against the executive branch.

Part of the way to control power is to divide it. Then, after you divide the power, divide it again. Then, make the powers of the separate branches different from each other, that way they do not collude together against the people, or other branches of government.

One of the fears of the founders was that the branches would collude together in an effort to take away individual freedoms.

By requiring the Senate to confirm appointments by the executive, it kept a leash on the executive. Even in a recess appointment, when the President could appoint without confirmation by the Senate, confirmation would still eventually be needed or else the seat became vacant again. This kept the executive from surrounding himself with a group of cronies the States did not approve of.

-- Political Pistachio Conservative News and Commentary