Recess Appointments
The President and Congress Battle Over Political Nominations
Buy Full Issue$19.95Excerpt
The Constitution gives the President the unilateral power to make temporary executive appointments when the Senate is in “recess” that would normally require Senate confirmation.
“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.” — Article II, Section 2.
But what did the Founding Fathers mean? What constitutes a “recess” And what did they mean by “may happen”?
How these questions are answered in the case National Labor Relations Board v. Noel Canning could…
Buy Full Issue$19.95In This Issue
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Foreword
The President and Congress Battle Over Political Nominations
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Inside the Court
Abortion Protests, Recess Appointments, and Health Care Reform on the Docket
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Recess Appointments in Doubt
Presidential Power After Noel Canning v. NLRB
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Lower Court Holding in Noel Canning v. NLRB
Decision of the D.C. Circuit U.S. Court of Appeals
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Before the Court in NLRB v. Noel Canning
The Justices Weigh in on Recess Appointments
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Pro & Con
Are Executive Appointments Made by the President During a Senate “Pro Forma” Session Constitutional?
