Sneaking By the Senate

The authority to make recess appointments, and controversies surrounding it, are nearly as old as the United States itself. During the debates over constitutional ratification, anti-federalists argued that it gave the president monarchical powers. George Washington made several recess appointments without major uproar during the very first Senate recess in 1789, but even the esteemed first president soon ran into trouble. The Senate refused to confirm John Rutledge, his recess appointment to the position of chief justice of the United States, in 1795. The rejection was probably based on an intemperate speech that Rutledge gave about the Jay Treaty, but some historians think senators were also miffed about the recess appointment. The executive and legislative branches have also clashed repeatedly over technicalities surrounding the power, such as whether the vacancy must come into being during a recess, or if the president can fill any existing vacancy.

Source: http://feeds.slate.com/click.phdo?i=c014b69c80e2e8a2c99b00d60de4ce23

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