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Topic: Recess appointment

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	C-SPAN's Capitol Questions
		Any recess appointment the President makes during the first session of a Congress will last until the end of its second session [each Congress is split into two sessions of approximately one year each].
		Recess appointments made in the second session of a Congress would expire at the end of the first session of the next Congress.
		All modern Presidents have made recess appointments both during the shorter breaks within a session of Congress as well as during the longer recess between the two sessions.
	www.c-span.org /questions/week156.asp (550 words)

	Recess appointment - Wikipedia, the free encyclopedia
		A recess appointment occurs when the President of the United States fills a vacant Federal position during a recess of the United States Senate.
		Recess appointments are authorized by Article II, Section 2 of the U.S. Constitution: "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."
		President George W. Bush recess appointed two judges, William Pryor and Charles Pickering to U.S. courts of appeals after their nominations were subjected to a Senate filibuster by opposition Democrats.
	en.wikipedia.org /wiki/Recess_appointment (767 words)

	Law.com - Recess Appointment Saga Hits High Court
		The appointment does not need to be confirmed and lasts until the end of 2005 -- unless the Senate acts to confirm him for life tenure by then.
		Lawyers for Miller, a Florida drug defendant, claim that because Pryor was appointed without Senate confirmation during an "intra-session" recess, it was a "plain defect" for Pryor to rule on his appeal as one of three judges on a circuit panel.
		Schultz also questions whether the recess power should apply to Article III judges at all, noting that recess appointees lack the Senate confirmation, life tenure, and judicial independence that the framers of the Constitution wanted judges to have.
	www.law.com /jsp/article.jsp?id=1098891005808 (1002 words)

	The Washington Note
		There is talk of a recess appointment for John Bolton bubbling everywhere which is the first serious admission by the main stream media that efforts to oppose Bolton have the edge.
		At this point, I think a recess appointment of a year and a half might be preferable to a longer appointment to the NSC staff, which might be the only alternative this administration has to protect Bolton in order to protect its support from the extreme conservative wing of the party.
		I have a suggestion, assuming Bolton's nomination is withdrawn or in the case of a recess appointment.
	www.thewashingtonnote.com /archives/000741.php (1929 words)

	Danny Carlton -- alias "Jack Lewis": Bolton's recess appointment
		There are two factors that would influence whether a president made a recess appointment — the unfitness of the people he's nominated and the stubbornness of the senate in affirming them.
		Back in 2000 James Inhofe finally put a stop to all of Clinton's appointments until he agreed to notify them of recess appointments, and stuck to the agreement (To a Clinton an “agreement” is something to break whenever it's convenient to do so).
		But for a long time now, recess appointments have been used to put appointees in office who would otherwise either be rejected by the Senate, or held up indefinitely in committee.
	jacklewis.net /weblog/archives/2005/08/boltons_recess.php (454 words)

	Court declines to intervene on judicial appointment that bypassed Senate \| csmonitor.com
		Pryor's February 2004 recess appointment to the federal appeals court in Atlanta, the justices have let stand an 8-2 decision upholding a broad interpretation of the president's authority.
		Recess appointments to the federal courts have been rarely used in recent years.
		His appointment was also challenged on grounds that his temporary appointment to the federal bench violated constitutional requirements that federal judges serve lifetime tenure to maintain independence from the political branches.
	www.csmonitor.com /2005/0322/p02s01-usju.html (734 words)

	Duration of Recess Appointment, B-290712, August 14, 2002
		Where, as here, a recess appointment was made during an intersession recess, the duration of the appointment only continues until the end of the session that was about to commence.
		Reich's January 11, 2002, appointment, the second session of the 107th Congress is the “next session” indicated in the recess appointments clause of the Constitution.
		Reich received a recess appointment prior to the commencement of the second session of the 107th Congress, his appointment will expire when the Senate adjourns at the end of the second session.
	www.gao.gov /decisions/other/290712.htm (725 words)

	Senate again refuses to confirm Bolton / U.N. nominee loses ground since first vote -- recess appointment possible
		Some senators said a recess appointment now appears to be Bolton's only hope, even though it would be politically contentious and would send him to the United Nations under a cloud.
		Recess appointments allow a president to temporarily seat a nominee while Congress is out of session.
		A recess appointment would permit Bolton to hold the post through 2006, when the 109th Congress adjourns.
	sfgate.com /cgi-bin/article.cgi?f=/c/a/2005/06/21/MNGKQDBRUS1.DTL (692 words)

	Recess Appointment
		However, in more recent times the recess appointment was been used as a tool by the President to overcome actual or anticipated Senate refusal to approve his nominations.
		The party out of power often describes presidential use of the recess appointment as being disrespectful of Senate prerogatives and “unconstitutional;” the former may be true in some instances, but not the latter.
		These appointments are for positions throughout the federal government, for the Cabinet and subcabinet, for members of regulatory commissions, for ambassadorships, for...
	www.u-s-history.com /pages/h1436.html (442 words)

	(DV) Gerard: Bush Abuses Recess Appointment Power
		The Founding Fathers granted the presidency the power to make recess appointments because prior to the 20th century Congress was in session for less than six months a year, in many instances, and vacancies couldn’t wait until Congress reconvened.
		Bush is making recess appointments at a time when his own party controls the Senate.
		Until her recess appointment she was the special assistant for personnel to Mr.
	www.dissidentvoice.org /Jan06/Gerard17.htm (1039 words)

	What Is a Recess Appointment? - Michael Brus - Slate Magazine (via CobWeb/3.1 planetlab2.cs.virginia.edu) (Site not responding. Last check: 2007-11-03)
		A recess appointment is one of the executive powers enumerated in the Constitution: "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" (II, 2, 3).
		Presidents also use recess appointments to delay a confirmation vote until after an election, when the nominee possesses the advantage of incumbency and, ideally, faces a friendlier Congress.
		When Congress took a recess in 1997 and warned Clinton not to appoint controversial NAACP lawyer Bill Lann Lee to the Justice Department while it was gone, the president appointed Lee as an acting official instead of making a recess appointment.
	slate.msn.com.cob-web.org:8888 /id/1002994 (973 words)

	Bush Names Bolton to UN; Democrat Calls Bolton 'Damaged Goods'
		Bush put Bolton on the job in a recess appointment - an avenue available to the president when the Congress is in recess.
		Under the Constitution, a recess appointment during the lawmakers' August break would last until a newly elected Congress takes office in January 2007.
		U.N. Secretary General Kofi Annan welcomed Bolton's appointment and steered clear of the controversy over whether Bolton would be weakened by the recess appointment.
	www.commondreams.org /headlines05/0801-02.htm (1126 words)

	The Washington Monthly
		FWIW, a recess appointment would only last one year, and I think the other eight justices (including the so-called right wign ones) would be pretty put off by having a recess Chief Justice and would avoid granting cert.
		Unlike Article 3 judges, who have lifetime appointments and whose personal fortunes won't be affected by the choice between Kerry and Bush, a recess appointment who could stand to personally gain or lose depending on the fate of the person whose case is in front of him should recuse himself or herself is Bush v.
		A recess appointment doesn't have to be a judge.
	www.washingtonmonthly.com /archives/individual/2004_10/004995.php (5497 words)

	Personnel Announcement
		The President has signed the recess appointment of Daniel Pipes of Pennsylvania to be a Member of the Board of Directors of the United States Institute of Peace.
		The President has signed the recess appointment of Jay Phillip Greene of Florida to be a Member of the Board of Trustees of the James Madison Memorial Fellowship Foundation (Academic).
		The President has signed the recess appointment of John Richard Petrocik of Missouri to be a Member of the Board of Trustees of the James Madison Memorial Fellowship Foundation (Academic).
	www.whitehouse.gov /news/releases/2003/08/20030822-7.html (292 words)

	Clyburn (SC06) - Statement - Praise for 4th Circuit Recess Appointment
		I applaud his action and thank him for recognizing that after five years of waiting for confirmation of his nominees to this court by an unwilling Senate, no more time should be wasted in integrating that federal bench.
		In addition, prior to President Clinton’s recess appointment of Judge Gregory there were five vacancies on the 15 member bench and Judge Gregory fills a slot that has been vacant for 10 years.
		President Clinton’s appointment of Roger Gregory will also force Bush to show his true colors on the issue of diversifying the federal judiciary.
	www.house.gov /apps/list/speech/sc06_clyburn/cc010111recessappt.html (720 words)

	Court Sidesteps Bush Recess Appointment (phillyBurbs.com) \| Supreme Court
		The court refused to hear a trio of cases challenging the "recess appointment" of William Pryor to the Atlanta-based 11th U.S. Circuit Court of Appeals last year.
		"A recess appointment power that could be freely invoked during a one-day inter-session recess, but would be categorically barred during a three-month intra-session recess, would be 'irrational,'" Clement wrote, noting that intra-session recesses often are one month or more.
		Kennedy and other Democrats said the recess appointment during the 11-day break was improper, arguing that Congress would have to meet everyday to avoid presidential power grabs.
	www.phillyburbs.com /pb-dyn/news/278-03212005-466002.html (773 words)

	Recess Appointment of Bill Pryor!! (Site not responding. Last check: 2007-11-03)
		Kudos to the President for this appointment and Godspeed to Mr.
		Recess appointments are a poor substitute for the real thing.
		A recess appointment doesn't even have to be nominated in the first place.
	www.freerepublic.com /focus/f-news/1082301/posts (1965 words)

	Recess appointment - SourceWatch
		Recess appointments are another example of executive abuse of constitutional privilege.
		"Judicial Recess Appointments: A Survey of the Arguments," Federalist Society for Law and Public Policy Studies, 2001.
		Michael B. Rappaport, "The Original Meaning of the Recess Appointments Clause," University of San Diego School of Law (Social Science Research Network), October 6, 2004.
	www.sourcewatch.org /index.php?title=Recess_appointment (332 words)

	Different River » Recess Appointment
		The president made a recess appointment to get around the filibuster and put the nominee in office, essentially forcing the Senate to vote and confirm him once it reconvened the next year.
		I bet you think I’m talking about President Bush’s appointment of John Bolton to be Ambassador to the United Nations – but in fact I’m talking about President Kennedy’s appointment of Thurgood Marshall to be a Judge on the United States Court of Appeals for the Second Circuit.
		Of course, we are talking about principles here – Byrd and the other Southern Democrats opposed Marshall because he was fl, but their opposition to Bolton is because he thinks the UN officials ought not to take bribes all the time.
	differentriver.com /archives/2005/08/02/recess-appointment (481 words)

	ThisNation.com--What is a recess appointment?
		Does a position have to become vacant during a Senate recess for a valid recess appointment to be made or does the position simply have to remain vacant during the recess?
		Currently, the President and Congress generally adhere to a procedure for recess appointments that minimizes the potential for interbranch conflict.
		If the President wishes to make a recess appointment or appointments, he generally sends a list of persons to be appointed to members of the Senate shortly before or during a recess.
	www.thisnation.com /question/010.html (477 words)

	A recess appointment:Get Bolton on board
		Republicans are floating the possibility of giving John Bolton a recess appointment as U.S. ambassador to the United Nations.
		Valuable time was wasted in the three-month pillorying of a good man. That's why President Bush should, upon congressional recess next week, use the recess power vested in him by Article I, Section 2 (Paragraph 3) of the Constitution to get Bolton on the job until the 110th Congress convenes in January 2007.
		This kind of recess appointment, by the way, is court-tested all the way back to the 1820s.
	www.freerepublic.com /focus/f-news/1427872/posts (1469 words)

	Think Progress » Sen. Roberts: Bolton Recess Appointment Would ‘Weaken the United States’
		President Bush continues to dangle the possibility of a recess appointment for John Bolton over our heads.
		(According to Steve Clemons, the next opportunity for such an appointment would be the July 4th recess).
		Look, Bolton’s already damaged goods, whether he is recess appointed or ultimately makes his way to a Congressionally sanctioned appointment (doubtful, but still possible).
	thinkprogress.org /index.php?p=1131 (1271 words)

	RE: Recess Appointment for Pickering
		Republicans have now pioneered the use of presidential recess appointment to attempt to ride roughshod over the considered rejection by the Senate of a judicial nominee as too extreme, under Senate rules designed precisely to enable a large minority to prevent an outcome they honestly view as unacceptably extreme.
		There is technically nothing in current Senate rules to prevent Democrats from just slamming the door on ANY further Bush judicial appointments for this term, just as nothing in the Constitution technically prevents Bush from the outrage of this recess appointment.
		My impression is that recess appointments were intended as a stopgap back in the old days when Congress met less often, communications were much slower, and there might be a dire need to fill an office before Congress next met.
	www.mail-archive.com /conlawprof@lists.ucla.edu/msg00414.html (1094 words)

	CNN.com - Sidestepping Senate, Bush sends Bolton to U.N. - Aug 1, 2005
		Bush appoints Bolton to U.N. A controversial appointment for a controversial nominee (2:02)
		The recess appointment puts Bolton in the job until a new Congress takes office in January 2007.
		One of Bolton's harshest critics, Sen. Christopher Dodd, predicted Bolton's credibility at the world body would be damaged by the recess appointment, since Bush failed to get the nomination through the Senate.
	www.cnn.com /2005/POLITICS/08/01/bolton.appointment/index.html (878 words)

	Bush Names Bolton U.N. Ambassador in Recess Appointment
		Frustrated by the refusal of Senate Democrats to permit a final vote on Bolton's nomination, Bush said he resorted to the 17-month recess appointment to circumvent "partisan delaying tactics" in Washington and to send a resounding message that the White House is serious about reforming the United Nations.
		The Bush administration, citing the large number of recess appointments made by presidents, said there is nothing extraordinary about the appointment.
		In the 19th century, the constitutional power to make recess appointments was frequently used out of necessity to keep the government staffed and running when lawmakers were away for long periods.
	www.washingtonpost.com /wp-dyn/content/article/2005/08/01/AR2005080100436.html (870 words)

	FOXNews.com - Bush Appoints Bolton to U.N. Job - Politics \| Republican Party \| Democratic Party \| Political Spectrum
		After Bush's appointment, Democrats have not relented in their argument that Bolton is not the man for the job.
		A recess appointment is a procedure that allows a president to fill a vacant job when Congress is not in session.
		Bolton's is the 110th recess appointment for Bush.
	www.foxnews.com /story/0,2933,164357,00.html (1751 words)

	http://www.qando.net/ - Bolton: Recess appointment?
		Bush has on occasion issued recess appointments to sidestep Senate opposition to his nominees.
		A recess appointment for Bolton would allow him to serve as ambassador until a new Congress is seated in January 2007.
		A recess appointment [which I expect, because George must have what George wants] will only serve to strengthen that perception.
	www.qando.net /details.aspx?Entry=2054 (1382 words)

	Statement on Appointment of William H. Pryor Jr.
		Statement on Appointment of William H. Pryor Jr.
		As a result of today's recess appointment, Attorney General Pryor will fill a seat on the Eleventh Circuit that has been designated a judicial emergency.
		Again I call on those in the Senate who are playing politics with the American judicial system to stop so that my nominees receive the up-or-down votes they deserve.
	www.whitehouse.gov /news/releases/2004/02/20040220-6.html (285 words)

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