A President making recess appointments is nothing new. It’s been happening pretty much since Congressional recesses were invented. In some cases, it has been no big deal; while in other cases, controversial, but it happens and it IS legal.

Well…it’s legal when it’s legal; and to be legal, Congress must be in recess.

If Congress is NOT in recess, a President MUST go through Congress and have Congress approve appointees.

That is in the Constitution.

You will find it in Article 2, Section 2.

He (the president) 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.

The President shall have the 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.

That is exactly, word for word what the Constitution states regarding recess appointments.

Here is the problem.

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