Federal Recess Judges

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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 ... continued below

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6 pages.

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Fisher, Louis February 2, 2005.

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This report is part of the collection entitled: Congressional Research Service Reports and was provided by the UNT Libraries Government Documents Department to the UNT Digital Library, a digital repository hosted by the UNT Libraries. It has been viewed 21 times. More information about this report can be viewed below.

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  • Fisher, Louis Senior Specialist in Separation of Powers, Government and Finance Division

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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.

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6 pages.

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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.

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  • February 2, 2005

Added to The UNT Digital Library

  • April 4, 2016, 2:48 p.m.

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Fisher, Louis. Federal Recess Judges, report, February 2, 2005; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc824639/: accessed September 27, 2020), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.