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."

Examples and use

Recess appointments have been made since the earliest days of the republic. President George Washington appointed South Carolina judge John Rutledge as Chief Justice of the United States during a congressional recess in 1795. Because of Rutledge's political views and occasional mental illness, however, the Senate rejected his nomination, and his appointment lapsed.

Related Topics:
George Washington - South Carolina - John Rutledge - Chief Justice of the United States - 1795

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New Jersey judge William J. Brennan was appointed to the United States Supreme Court by President Dwight D. Eisenhower in 1956 through a recess appointment. This was done partly with an eye on the presidential campaign that year; Eisenhower was running for reelection, and his political advisors thought it would be advantageous to place a northeastern Catholic on the court. Brennan was promptly confirmed when the Senate came back into session. Eisenhower made two other recess appointments.

Related Topics:
New Jersey - William J. Brennan - United States Supreme Court - Dwight D. Eisenhower - 1956 - Catholic

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Ronald Reagan made 243 recess appointments during his two terms in office; George H. W. Bush made 77 during his single term.

Related Topics:
Ronald Reagan - George H. W. Bush

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President Bill Clinton made a recess appointment of Bill Lan Lee as Assistant Attorney General for civil rights, when it became clear that Lee's strong support of affirmative action would lead to Senate opposition. Similarly, when the Senate did not vote on his nomination of James Hormel to be Ambassador to Luxembourg, Clinton made a recess appointment. Many people felt that the Senate's inaction was because Hormel was an openly gay person, and when he was appointed became the first such person to serve as a U.S. ambassador. Clinton made 140 recess appointments over two terms.

Related Topics:
Bill Clinton - Bill Lan Lee - Assistant Attorney General - Civil rights - Affirmative action - James Hormel - Luxembourg - Gay

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President George W. Bush appointed several judges to U.S. courts of appeals using recess appointments after their nominations were subjected to a Senate filibuster by opposition Democrats. One, Judge Charles Pickering of the Fifth Circuit U.S. Court of Appeals, withdrew his name from consideration for renomination when his recess appointment expired. As of August 1, 2005, Bush has made 106 recess appointments.

Related Topics:
George W. Bush - Filibuster - Charles Pickering - U.S. Court of Appeals

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On August 1, 2005, Bush made a recess appointment of John Bolton, to serve as U.S. representative to the United Nations. Bolton had also been the subject of a Senate filibuster. The filibuster concerns documents, which the White House refused to release, which Democrats suggested may contain proof of Bolton's abusive treatment and coercion of staff members, or of his improper use of National Security Agency communications intercepts regarding U.S. citizens.

Related Topics:
August 1 - 2005 - John Bolton - United Nations - White House - National Security Agency

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