Recess! Bullying on the Playground? - The Truth about Recess Appointments

It seems every time Congress goes on recess, the President makes a recess appointment or several. And every time, his opponents cry foul. "Unconstitutional," "illegal," "impeach him," "cheating." The truth about recess appointments is very different from what the TV and radio pundits would like you to believe. A simple search of recess appointments and President Obama makes it clear that this is a constant source of controversy. Search further back and it is easy to find kick back for every President who has ever made a recess appointment.

So here is a bit of truth:

- Recess appointments are constitutional.

Article II, Section 2: "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 Constitution allows the President to appoint people while Senate is in recess. It does not require that he ask their permission and does not call for any special circumstances.

- Every President has made recess appointments.


George Washington made recess appointments (His didn't turn out so well. The man tried to commit suicide and ended up resigning.)

Conservatives may be surprised to know that Ronald Reagan made more recess appointments than any other President in history (243 according to USAToday, 4/5/2007).

- Some recess appointments remain famous.



John Rutledge, whose appoint

didn't turn out well



George Washington, used his
recess appointment power
 to appoint John Rutledge





George Washington appointed John Rutledge as Supreme Court Chief Justice (He's the one that went nuts!) Dwight Eisenhower appointed William J. Brennan to the Supreme Court. George W. Bush appointed William Pryor and Charles Pickering to the US courts of appeals.



Recess appointments are legal and have been used by nearly every President to avoid having to sit through the Senate's arduous interview processes. Also, because of the Senate's parliamentary rules which allow the minority to filibuster, to hold up anything on the floor, it can be very difficult for the President to be able move nominees through.