Recess Appointment
Definition of Recess Appointment
Note: See a more comprehensive approach to the Recess Appointment legal concept in the American Law Encyclopedia
Appointment of an official by the chief executive to fill a vacancy while the Senate or state legislature is not in session. At the federal level, recess appointments are authorized under terms of Article II, Section 2, which states that Presidents “shall have the 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 Senate may confirm the appointee when it returns. If it does not, the commission expires under terms of the last phrase of the constitutional directive. Similar language in state constitutions provides for recess appointments by governors. The power to make recess appointments allows an executive to act immediately, but it may also create political problems with the legislature. The question is when the executive may act. Must the vacancy actually occur while the legislature is in recess or may an executive simply not act on a vacancy until a recess occurs and then appoint a replacement? The latter position would, in effect, allow an executive to circumvent legislative review. The broader definition has been upheld in court cases. However, Congress has enacted a law that prevents payment of a salary to a recess appointee filling a vacancy that existed while the Senate was in session.
See Also
Advice and Consent (Law of the United States) Executive Appointment (Law of the United States).
Resources
Recess Appointment Related Resources
- Recess Appointment in the United States Legal Encyclopedia
- Judicial Personnel Keywords in the United States Legal Encyclopedia
- Judicial Personnel Keywords in the International Legal Dictionary
Notes
- “Recess Appointment”, The American Law Dictionary, 1991, California
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