Constitutional Minute #23   Wanted: Critical reading skills (again)  


We have been told for ages that the President is permitted to make a “recess” appointment of someone whose nomination has already been blocked by the Senate (Article II, Sec. 2, clause 3); that once the Senate goes into recess, the President may slip in there and make a “recess” appointment of his rejected nominee!


The constitutional plan (Article II, Sec. 2, clause 2) is that the President nominates – the Senate confirms or rejects the President’s nomination.  This is the “check” which Our Constitution imposes on the President’s nominations.  The purpose is to protect us from the loons, incompetents, or toadies whom various presidents have, from time to time, nominated.

NOW let us see what Our Constitution says about recess appointments. Article II, Sec. 2, clause 3 says:

  “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.” [emphasis added]

Is this not clear?

If the Senate did not approve a president’s cabinet pick, is this a vacancy that happened during a recess? Turn your thoughts away from when the recess happens. Concentrate on when the vacancy happens!!  Have we elected people who cannot even read English?

Check It Out In The Federalist Papers # 67 and #76.

Now you know how to look things up in Our Constitution and check it out in The Federalist Papers.  Political consultants, journalists, TV pundits, talk show hosts, candidates for office, people in Congress, in the Executive Branch, and sitting on Federal Benches don’t know how to do this.  So you must do it and spread the Word if we are to restore our Constitutional Republic.

For more details and links to original sources, go here: