This report discusses the recess clause and takes a look at the history of recess appointments. Under Article II of the Constitution, the President is empowered "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." Presidents have used the recess appointment power on more than 300 occasions to place judges on the district, appellate, and U.S. Supreme Court level. This practice slowed after the 1950s, but recent recess appointments to federal appellate courts (the Fourth, Fifth, and Eleventh Circuits) have revived a …
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Description
This report discusses the recess clause and takes a look at the history of recess appointments. Under Article II of the Constitution, the President is empowered "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." Presidents have used the recess appointment power on more than 300 occasions to place judges on the district, appellate, and U.S. Supreme Court level. This practice slowed after the 1950s, but recent recess appointments to federal appellate courts (the Fourth, Fifth, and Eleventh Circuits) have revived a number of constitutional issues.
This report is part of the following collection of related materials.
Congressional Research Service Reports
The Congressional Research Service (CRS) is the public policy research arm of Congress. This legislative branch agency works exclusively for Members of Congress, their committees and their staff. This collection includes CRS reports from the mid-1960's through 2018—covering a variety of topics from agriculture to foreign policy to welfare.