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Encyclopedia > 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 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." The presidential seal was first used by President Hayes in 1880 and last modified in 1959 by adding the 50th star for Hawaii. ... Seal of the U.S. Senate Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures State Courts Counties, Cities, and Towns Other countries Politics Portal      Senate composition following 2006 elections The United States Senate is... Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme...


The purpose of the recess appointment power was to permit the President to keep offices filled when it was anticipated that the Senate would only meet during a small portion of the year. Until the 1930's, Congress rarely convened in the hot Washington summer, and a spring vacancy in an office might have to wait until the Senate convened in December to consider a nomination.


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 (see filibuster). 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 all the more difficult. As form of obstructionism in a legislature or other decision making body, a filibuster is an attempt to extend debate upon a proposal in order to delay or completely prevent a vote on its passage. ...


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. Theodore (Teddy) Roosevelt, Jr. ...


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. Rutledge subsequently attempted suicide. George Washington (February 22, 1732–December 14, 1799)[1] led Americas Continental Army to victory over Britain in the American Revolutionary War (1775–1783), and was later elected the first President of the United States. ... Official language(s) English Capital Charleston(1670-1789) Columbia(1790-present) Largest city Columbia Largest metro area Greenville-Spartanburg-Anderson Area  Ranked 40th  - Total 34,726 sq mi (82,965 km²)  - Width 200 miles (320 km)  - Length 260 miles (420 km)  - % water 6  - Latitude 32°430N to 35... John Rutledge (September 17, 1739 – July 18, 1800) was Governor of South Carolina, delegate to the Constitutional Convention, signer of the United States Constitution, and served on the U.S. Supreme Court (Chief Justice from August to December 1795). ... The Chief Justice of the United States is the head of the judicial branch of the government of the United States, and presides over the Supreme Court of the United States. ... 1795 was a common year starting on Thursday (see link for calendar). ... Suicide (from Latin sui caedere, to kill oneself) is the willful act of killing oneself. ...


On August 11, 1902, President Theodore Roosevelt named Oliver Wendell Holmes Jr. to the United States Supreme Court through a recess appointment. He was subsequently confirmed by the Senate on December 4, 1902. Oliver Wendell Holmes Jr. ...


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 advisors thought it would be politically 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. For the Bon Jovi album, see New Jersey (album) Official language(s) None, English de facto Capital Trenton Largest city Newark Area  Ranked 47th  - Total 8,729 sq mi (22,608 km²)  - Width 70 miles (110 km)  - Length 150 miles (240 km)  - % water 14. ... William J. Brennan, official portrait, 1976. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... D. D. Eisenhower during WWII Dwight David Eisenhower (born David Dwight Eisenhower, October 14, 1890 - March 28, 1969), nicknamed Ike, was an American soldier and politician, who served as the thirty-fourth President of the United States (1953-1961). ... Year 1956 (MCMLVI) was a leap year starting on Sunday of the Gregorian calendar. ...


Ronald Reagan made 243 recess appointments during his two terms in office; George H. W. Bush made 77 during his single term, most notably Lawrence Eagleburger for U.S. Secretary of State in 1992, sancioned his role as "de facto" secretary since James Baker resigned. Ronald Wilson Reagan (February 6, 1911 – June 5, 2004) was the 40th President of the United States (1981–1989) and the 33rd Governor of California (1967–1975). ... George Herbert Walker Bush GCB (born June 12, 1924) was the 41st President of the United States of America serving from 1989 to 1993. ... Lawrence Sidney Eagleburger (born August 1, 1930), is an American statesman and diplomat who served as The United States Secretary of State under President George H. W. Bush. ... The United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. ... 1992 (MCMXCII) was a leap year starting on Wednesday. ... James Addison Baker III (born 28 April 1930 in Houston, Texas) served as the Chief of Staff in President Ronald Reagans first administration, United States Secretary of the Treasury from 1985 to 1988 in the second Reagan administration, and Secretary of State in the administration of President George H...


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 openly gay, 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. On one of the last days of his Presidency, Clinton used the recess appointment power to place Roger L. Gregory on the United States Court of Appeals for the Fourth Circuit. Gregory was the first African-American to serve on that court. William Jefferson Bill Clinton (born William Jefferson Blythe III[1] on August 19, 1946) was the 42nd President of the United States, serving from 1993 to 2001. ... Many of the divisions and offices of the United States Department of Justice are headed by an Assistant Attorney General. ... Civil rights or positive rights are those legal rights retained by citizens and protected by the government. ... Affirmative action is a policy or a program of taking positive steps [1] to increase the representation of certain designated groups allegedly seeking to redress discrimination or bias through active measures, as in education and employment. ... James Catherwood Hormel, born January 1, 1931 in Austin, Minnesota, is a philanthropist and heir to the fortune of George Hormel, founder of Hormel Foods (producers of SPAM and other meat products). ... GAY can mean: Gay, a term referring to homosexual men or women The IATA code for Gaya Airport Category: ... Roger L. Gregory is a federal judge on the United States Court of Appeals for the Fourth Circuit. ... The United States Court of Appeals for the Fourth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts: District of Maryland Eastern District of North Carolina Middle District of North Carolina Western District of North Carolina District of South Carolina Eastern District of...


President George W. Bush recess appointed two judges, William Pryor and Charles Pickering to U.S. courts of appeals after their nominations were subjected to a Senate filibuster by opposition Democrats. Judge Pickering of the Fifth Circuit, withdrew his name from consideration for renomination and retired when his recess appointment expired. Judge Pryor was subsequently confirmed to a lifetime appointment on the Eleventh Circuit. As of August 1, 2005, Bush has made 106 recess appointments. George Walker Bush (born July 6, 1946) is the 43rd and current President of the United States, inaugurated on January 20, 2001. ... Richard Franklin Lennox Thomas Pryor III (December 1, 1940 – December 10, 2005) was a legendary American comedian, actor, and writer. ... Charles Willis Pickering, Sr. ... As form of obstructionism in a legislature or other decision making body, a filibuster is an attempt to extend debate upon a proposal in order to delay or completely prevent a vote on its passage. ... Charles Willis Pickering, Sr. ... The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the following United States District Courts: Western, Middle, and Eastern Districts of Louisiana Northern and Southern Districts of Mississippi Western, Eastern, Northern, and Southern Districts of Texas The court is based at... The United States Court of Appeals for the Eleventh Circuit is a federal court with appellate jurisdiction over the following United States district courts: Northern, Middle, and Southern Districts of Alabama Northern, Middle, and Southern Districts of Florida Northern, Middle, and Southern Districts of Georgia These districts were originally part... August 1 is the 213th day of the year in the Gregorian Calendar (214th in leap years), with 152 days remaining. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ...


On August 1, 2005, Bush made a recess appointment of John Bolton, to serve as U.S. representative to the United Nations.[1] Bolton had also been the subject of a Senate filibuster. The filibuster concerned 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. Having failed to win Senate confirmation, he resigned his office in December 2006 concurrently with the adjournment of the 109th Congress.[2] August 1 is the 213th day of the year in the Gregorian Calendar (214th in leap years), with 152 days remaining. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... John Robert Bolton (born November 20, 1948), an attorney and an American diplomat in several Republican administrations, served as the interim[1] U.S. Permanent Representative to the United Nations with the title of ambassador, from August 2005 until December 2006, on a recess appointment. ... The foundation of the U.N. The United Nations (UN) is an international organization whose stated aims are to facilitate co-operation in international law, international security, economic development, social progress and human rights issues. ... As form of obstructionism in a legislature or other decision making body, a filibuster is an attempt to extend debate upon a proposal in order to delay or completely prevent a vote on its passage. ... North façade of the White House, seen from Pennsylvania Avenue. ... The National Security Agency/Central Security Service (NSA/CSS) is the U.S. governments cryptologic organization. ...


External links

  1. ^ "Sidestepping Senate, Bush sends Bolton to U.N." at CNN
  2. ^ "Bolton to Leave Post as U.S. Envoy to U.N." at NY Times

See also


  Results from FactBites:
 
recess: Definition, Synonyms and Much More from Answers.com (914 words)
A recess in legislative practice is an interval of time between sessions of the same continuous body, as opposed to the period between the final adjournment of one legislative body and the convening of another at the next regular session.
Recess is a general term for a period of time in which a body of people is temporarily dismissed from its duties.
Although no formal education exists during recess (this fact being touted most often by the children themselves), sociologists and psychologists consider recess an integral portion of child development, to teach them the importance of social skills and physical education.
C-SPAN's Capitol Questions (550 words)
Any recess appointment the President makes during the first session of a Congress will last until the end of its second session [each Congress is split into two sessions of approximately one year each].
Recess appointments made in the second session of a Congress would expire at the end of the first session of the next Congress.
All modern Presidents have made recess appointments both during the shorter breaks within a session of Congress as well as during the longer recess between the two sessions.
  More results at FactBites »

 
 

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