Reading Room Document

Presidential Appointments During Intrasession Recess of Senate

This document discusses the President's power to make recess appointments under Article II, Section 2, Clause 3 of the Constitution. It concludes that the President has the authority to make such appointments, and that this power extends to all vacancies existing during the recess of the Senate, regardless of when they arose. The document also raises questions about the definition of a recess, the compensation of recess appointees, and the process for filling vacancies that existed while the Senate was in session. It also highlights the potential conflict between the President's pocket veto power and recess appointment powers.

August 3, 1979