Question and Answer: Recess Appointments
The Recess Appointments Clause, Article II, Section 2, Clause 3, provides that 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.”
Brief: On the Article II Recess Appointments Clause
The appointment power is vested in the President under the regime erected by Article II of the Constitution. Two clauses, in particular, grant this power: the Appointments Clause and the Recess Appointments Clause.
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