Recess appointment

A recess appointment is a way for a president to fill a federal office without Senate confirmation when the Senate is in recess. Article II, Section 2 says the president may fill vacancies "that may happen during the Recess of the Senate," and such commissions expire at the end of the Senate's next session.

The clause was written when senators traveled long distances and the Senate was away for months. As Senate sessions grew longer, presidents used it to bypass opposition, and in response the Senate began holding short "pro forma" sessions to prevent recesses from being long enough. In NLRB v. Noel Canning (2014), the Supreme Court held that a recess must generally last at least ten days to qualify, and that the Senate decides when it is in session, so that pro forma sessions count as sessions. It also said the vacancy may arise before the recess.

Because of that decision and the Senate's practices, recess appointments have become rare. Presidents have sometimes demanded that the Senate adjourn to allow them, a power in Article II, Section 3 that no president has used. Supporters see the appointments as a way to staff the executive branch despite obstruction, while critics say they undercut advice and consent. The related pocket veto also depends on adjournment.