LibGuides: Judicial and Executive Nominations and Confirmations: Recess Appointments

Authority

Article II, Section 2 of the U.S. Constitution indicates "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."

Books

Justice Takes a Recess by Scott E. Graves & Robert M. Howard
Call Number: Law Library Stacks KF8776 .G666 2009

Articles and Reports

Recess Appointments: A Legal Overview
Congressional Research Service Report
Recess Appointments: Frequently Asked Questions
Congressional Research Service Report
The Recess Appointment Power After Noel Canning v. NLRB: Constitutional Implications
Congressional Research Service Report
Recess Appointments Made by President Barack Obama
Congressional Research Service Report
Recess Appointments Made by President George W. Bush, January 20, 2001-October 31, 2008
Congressional Research Service Report
Ignoring Advice and Consent? The Uses of Judicial Recess Appointments
Scott E. Graves and Robert M. Howard
Political Research Quarterly, Vol. 63, No. 3 (Sep. 2010), pp. 640-653
Examines every judicial recess appointment from 1789 to 2004.
Avoiding Advice and Consent: Recess Appointments and Presidential Power
Pamela C. Corley
Presidential Studies Quarterly, Vol. 36, No. 4 (Dec. 2006), pp. 670-680
Examines the conditions under which a President is likely to use a recess appointment with an emphasis on appointments to independent agencies.
Adding Recess Appointments to the President's "Tool Chest" of Unilateral Powers
Ryan C. Black, Anthony J. Madonna, Ryan J. Owens and Michael S. Lynch
Political Research Quarterly, Vol. 60, No. 4 (Dec. 2007), pp. 645-654
Includes a data set of every civilian nomination and recess appointment from 1987 to 2004.
Control without Confirmation: The Politics of Vacancies in Presidential Appointments
Christina M. Kinane (2021). American Political Science Review., Vol. 115, No. 2 (2021), pp. 599-614.
Uses a dataset of vacancies across 15 executive departments from 1977 to 2016 to evaluate informal appointment power strategies.

Judicial and Executive Nominations and Confirmations: Recess Appointments

Authority

Books

Articles and Reports

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