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View Diary: Recess appointments (192 comments)

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  •  Hold on a minute. (4.00)
    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.

    I'm picking nits, but these vacancies didn't "happen" during a recess of the Senate.  They happened months or years ago.

    Seems like Senators would have standing to challenge these appointments that happened months ago, not during a recess.

    Of course, the courts would probably say that the history of appointments means that this use of the constitutional power is permissible.

    I found it interesting, though, that the holds on Deputy Defense Secretary England were both by Republicans (Snow and Lott).

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