Declaration of Independence

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. - That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.

Sunday, December 16, 2012

Recess Appointments

                    The topic of discussion for this Constitution Monday comes from Article II, Section 2, Clause 3:  "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." This clause in the Constitution gives the President power and authority to make temporary appointments for important positions while the Senate is not in session.

                    "Of course, when the Senate does convene, the name of the temporary appointee must be presented for confirmation, and if no affirmative action is taken by the end of the session, the temporary appointment is terminated even without a formal rejection of the appointee."  (See W. Cleon Skousen, The Making of America - The Substance and Meaning of the Constitution, p. 558.)

                    "The Framers adopted the Recess Appointments Clause, without debate, to prevent governmental paralysis.  Early sessions of the Senate lasted only three to six months, with Senators dispersing throughout the country during the six-to-nine-month recesses.  During these periods, they were unable to provide their advice and consent to executive nominations for positions that fell open when officeholders died or resigned.  The clause thus served as a `supplement' to the vigorously debated appointment power, which was necessary so that the Senate was not required `to be continually in session for the appointment of officers.'  The Federalist No. 67 (Alexander Hamilton)" (See Michael A. Carrier, The Heritage Guide to the Constitution, p 215.)

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