The world does not stop spinning when the Senate of the United States is in recess. However, vacancies in governmental positions do appear and need appointment. Since the Senate cannot carry out the task while in recess, Article II of the Constitution gives the president the “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 president has the “sole authority” to temporarily fill such positions without Senate approval so as to maintain the flow of governmental action. However, the Senate can be in a pro forma session that prevents the president from making appointments due to the fact that the Senate is technically in session. The
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However in the case of recess appointments the issue seems to be more confounded. The court case of Noel Canning v. National Labor Relations Board claimed President Obama’s appointment to the National Labor Relations Board was unconstitutional because the appointment was not made during an official recess. However, another court ruled that President Bush’s appointment of a federal judge was constitutional under similar circumstances. These separate courts’ contrasting decisions gives the impression that the validity of a recess is only determined by whichever circuit court reviews the issue. Also in the Noel Canning v. National Labor Relations Board case, Justice Breyer stated that a recess appointment was sanctioned if made when the recess lasted at least ten days. However, the Constitution does not give any time constraint as to when the president can make the appointment nor has any law or amendment been made to suggest such a restriction. Unanimously striking down President Obama’s appointment on the basis of seemingly pure whim brings up the question of the court decision’s constitutionality. The courts’ decisions do not appear to follow the standard rule of law thus leaving the president powerless and the government
However in the case of recess appointments the issue seems to be more confounded. The court case of Noel Canning v. National Labor Relations Board claimed President Obama’s appointment to the National Labor Relations Board was unconstitutional because the appointment was not made during an official recess. However, another court ruled that President Bush’s appointment of a federal judge was constitutional under similar circumstances. These separate courts’ contrasting decisions gives the impression that the validity of a recess is only determined by whichever circuit court reviews the issue. Also in the Noel Canning v. National Labor Relations Board case, Justice Breyer stated that a recess appointment was sanctioned if made when the recess lasted at least ten days. However, the Constitution does not give any time constraint as to when the president can make the appointment nor has any law or amendment been made to suggest such a restriction. Unanimously striking down President Obama’s appointment on the basis of seemingly pure whim brings up the question of the court decision’s constitutionality. The courts’ decisions do not appear to follow the standard rule of law thus leaving the president powerless and the government