Recess Appointments

Recess Appointments and Presidential Adjournments

by Michael D. Ramsey | Apr 17, 2020 | Article II, Constitution, Court Cases, Recess Appointments

At Volokh Conspiracy, Josh Blackman comments on President Trump’s suggestion that he might adjourn Congress as a way of filing vacancies for which the Senate has not confirmed a nominee. President Trump said he could adjourn Congress as a means to make recess...

Counterpoint: The Whitaker Appointment Is Unconstitutional under the Constitution’s Original Meaning

by Michael D. Ramsey | Nov 16, 2018 | Constitution, Recess Appointments

In the matter of the appointment of Matthew Whitaker as Acting Attorney General, my co-bloggers are divided: Andrew Hyman argues here that the appointment is constitutional under the Constitution’s original meaning, while Mike Rappaport argues here (relying on...

Problems in the Recess Appointments Case

by Rob Natelson | Jun 29, 2014 | Constitution, Recess Appointments

(This article originally appeared in The American Thinker.) I applaud the result of the recess appointments case and I am happy to have been cited again in a Supreme Court opinion (this time by Justice Scalia). But in several respects the case exemplifies what is...

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