Defining Recess Appointments Clause 'Vacancies
In: New York University Law Review, Forthcoming
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In: New York University Law Review, Forthcoming
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In: San Diego Legal Studies Research Paper No. 05-26
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In: Harvard Journal of Law and Public Policy, Vol. 37, Page 199, 2014
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In: San Diego Legal Studies Paper No. 14-140
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Working paper
In: Catholic University Law Review, Band 58, Heft 751
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In: Fordham Law Review, Vol. 81
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In: Harvard Law Review Forum, Band 127, S. 1
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In: Laws and legislation
Under the Appointments Clause, the President is empowered to nominate and appoint principal officers of the United States, but only with the advice and consent of the Senate. In addition to this general appointment authority, the Recess Appointments Clause permits the President to make temporary appointments, without Senate approval, during periods in which the Senate is not in session. This book begins with a general legal overview of the Recess Appointments Clause and a discussion of applicable case law that existed prior to the D.C. Circuit's decision in Noel Canning. In Noel Canning v. Nat
In: University of Pennsylvania Journal of Constitutional Law, Forthcoming
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In: 126 Harvard Law Review Forum 122 (2013)
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In: Presidential studies quarterly: official publication of the Center for the Study of the Presidency, Band 34, Heft 3, S. 656-673
ISSN: 1741-5705
Under the Constitution, the president and the Senate share the power to appoint officers of the United States, including federal judges. The Constitution also empowers the president to make temporary appointments without the Senate's approval during Senate recesses. Presidents have made over 300 recess appointments to Article III courts, but the practice has become rare in the last 40 years. Although courts have found tension between Article II and Article III inherent in judicial recess appointments, the practice has been held to be constitutional. Intrasession recess appointments, particularly during recesses of less than 30 days, have sometimes proven controversial.
In: 28 Journal of Law and Politics pp. 231-271 (2013)
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In: Thomas Jefferson School of Law Research Paper No. 2638023
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Working paper
In: Presidential studies quarterly, Band 36, Heft 4, S. 670-681
ISSN: 0360-4918
In: Presidential studies quarterly, Band 34, Heft 3, S. 656-673
ISSN: 0360-4918