Constitutional Background
Article II, Section 2, Clause 3 of the United States Constitution states:
| “ | 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 language permits the President to make appointments that would normally require the advice and consent of the Senate without such approval. Even if the Senate votes to reject the nominee, that person may remain in the office to which they were appointed until the Senate adjourns its session.
Read more about this topic: Unsuccessful Recess Appointments To United States Federal Courts
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—Lyndon Baines Johnson (1908–1973)