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Recess appointment


 

A recess appointment occurs when the President of the United States fills a vacant Federal position during a recess of the United States Senate. The commission or appointment must be ratified (i.e. approved) by the Senate by the end of the next session, or the position becomes vacant again. Recess appointments are authorized by Article II, Section 2 of the U.S. Constitution: "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."

Related Topics:
President of the United States - United States Senate - U.S. Constitution

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Presidents have sometimes used recess appointments to fill vacancies with individuals who might prove difficult to confirm, or who face staunch opposition within the Senate. The recess appointment may be made in hopes that, by the next session, opposition will have diminished. In recent years, however, a recess appointment has tended to harden the attitude of the opposition party, and confirmation then becomes even more difficult.

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Scholars and legal experts disagree as to how long the Senate must be in recess before the President may make such an appointment. President Theodore Roosevelt made several recess appointments during a one-day recess of the Senate.

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