Renewing America’s Big Tech Amicus Brief

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.” 

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.

Background In response to the ongoing crisis of illegal immigration into America, former President Donald…