The Senate and Presidential Appointments
U.S. Constitution: Article 2 Section 2
“The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
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.”
9-second Senate meeting to block Bush appointee
“The House was quiet as a mouse the day after Christmas. But across the Capitol, the Senate was operating in an unusually efficient manner in its ongoing power struggle with President Bush.
A nine-second session gaveled in and out by Sen. Jim Webb, D-Va., prevented Bush from appointing as an assistant attorney general a nominee roundly rejected by majority Democrats. Without the pro forma session, the Senate would be technically adjourned, allowing the president to install officials without Senate confirmation.
The business of blocking Bush’s recess appointments was serious. It represents an institutional standoff between Congress and the president that could repeat itself during Congress’ vacations for the remainder of Bush’s presidency.”
