Menu Search Account

LegiStorm

Get LegiStorm App Visit Product Demo Website
» Get LegiStorm App
» Get LegiStorm Pro Free Demo

Federal Recess Judges (CRS Report for Congress)

Premium   Purchase PDF for $24.95 (6 pages)
add to cart or subscribe for unlimited access
Release Date Feb. 2, 2005
Report Number RS22039
Report Type Report
Authors Louis Fisher, Government and Finance Division
Source Agency Congressional Research Service
Summary:

This report discusses the recess clause and takes a look at the history of recess appointments. Under Article II of the Constitution, the President is empowered "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." Presidents have used the recess appointment power on more than 300 occasions to place judges on the district, appellate, and U.S. Supreme Court level. This practice slowed after the 1950s, but recent recess appointments to federal appellate courts (the Fourth, Fifth, and Eleventh Circuits) have revived a number of constitutional issues.