Fifteen Obama Recess Appointments
By Wes Keene | March 27, 2010 | In Category: General
Saturday, the Obama Administration announced 15 recess appointments among a large backlog of nominees in the Senate. Of the relatively routine appointments, one stands out as controversial: Craig Becker to the National Labor Relations Board. While recess appointments are outdated and unnecessary now, there’s nothing controversial about them directly. However, appointing someone that the Senate has voted down (52-43) in a bipartisan fashion is a slap in the face to both sides of the aisle in the Senate.
Recess appointments were once a necessity. Back when we had a part-time Congress, the time between sessions could last as long as 9 months. It was felt that during this time important positions may be left unfilled because the Senate would not be in session to confirm nominees. As time as progressed, Congress is in session longer and longer, however. Now, the time between sessions is hardly justification for recess appointments. Now they are simply a tool to push through a nominee the Senate has problems with.
Since World War II, the recess appointment has been increasingly used to overcome Senate opposition to controversial figures up for confirmation. The process is still relatively benign, however, since the appointment would normally expire at the end of the next session of the Senate, unless confirmed. In some cases, pay can even be withheld until confirmation. Much of the detail is tied into exactly when the position becomes vacant versus when the Senate went into recess.
It’s almost inevitable that recess appointments will happen in a Senate which is not heavily imbalanced in favor of the current President. While today’s usage is a gimmick, there is a legitimate purpose for them and for that reason will probably be around forever. The Congressional Reference Service has put together a PDF that describes the origins of the recess appointment, and some notable instances of its usage. You can read the report here.
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