Abstract

http://ssrn.com/abstract=2257801
 


 



The Origins and Meaning of 'Vacancies that May Happen During the Recess' in the Constitution's Recess Appointments Clause


Robert G. Natelson


The Independence Institute; Montana Policy Institute

December 19, 2013

Harvard Journal of Law and Public Policy, Vol. 37, Page 199, 2014

Abstract:     
There has been longstanding uncertainty about the meaning of “the Recess” and “Vacancies that may happen” in the Constitution’s Recess Appointments Clause. This Article finds that both “the Recess” and close variants of “Vacancies that may happen” were standard terms in Founding-Era legislative practice, and appear copiously in legislative records. Those records inform us that “the Recess” means only the inter-session recess and that a vacancy “happens” only when it first arises.

Number of Pages in PDF File: 41

Keywords: recess appointments, recess appointments clause, Constitution, presidential appointments, original meaning, original understanding, original intent, originalism

JEL Classification: K1, K10, K19

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Date posted: May 1, 2013 ; Last revised: December 19, 2013

Suggested Citation

Natelson, Robert G., The Origins and Meaning of 'Vacancies that May Happen During the Recess' in the Constitution's Recess Appointments Clause (December 19, 2013). Harvard Journal of Law and Public Policy, Vol. 37, Page 199, 2014. Available at SSRN: http://ssrn.com/abstract=2257801 or http://dx.doi.org/10.2139/ssrn.2257801

Contact Information

Robert G. Natelson (Contact Author)
The Independence Institute ( email )
727 E. 16th Ave.
Denver, CO 80203
United States
303-279-6536 (Phone)
HOME PAGE: http://constitution.i2i.org
Montana Policy Institute ( email )
67 W Kagy Blvd Ste. B
Bozeman, MT 59715
United States
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