Also known as: recess appointment · recess appoint
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional power by which the President fills executive vacancies temporarily without Senate confirmation during a Senate recess of sufficient length. The Senate remains in session, precluding such appointments, when it holds pro forma sessions without formally declaring a recess.
The President named Rebecca Ross acting director of a federal insurance office while the Senate met in brief pro forma sessions every three days and never declared a recess. Atlantic Assurance challenged regulations Ross issued. The court held the appointment invalid because the Senate had not entered a recess.
During a Senate adjournment the President appointed Raphael Rivera to a claims commission. Rivera later refused to resign after a new President took office. The court examined whether the recess appointment created a valid tenure that limited removal power.
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The President used recess authority to place Roland Rhodes in a postmaster position after the Senate had adjourned. When the Senate reconvened it declined to confirm the appointment. The dispute centered on whether the temporary commission remained effective once the recess ended.
The Senate is in recess only when it formally declares itself in recess. Holding pro forma sessions without a formal declaration keeps the Senate in session even if most members are absent and no business occurs.
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No. Physical absence of senators or a long interval between sessions does not create a recess. The Senate must formally declare a recess. Otherwise the President lacks authority to bypass Senate confirmation.
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Actions taken by an official appointed without constitutional authority lack legal force. A court may invalidate regulations or decisions issued by that official on the ground that the appointment violated the Recess Appointments Clause.
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Yes. By convening pro forma sessions at regular intervals without declaring a recess the Senate remains in session under the constitutional standard and blocks the President from exercising recess appointment authority.
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…petition filed after July 21, 1921, the end of his term, amounted to $8,838.71. In August, 1920, the President made a recess appointment of one Jones, who took office September 19, 1920. The Court of Claims gave judgment against Myers, and this is an appeal from that judgment. The Court held that he had lost his right of…