Recess Appointments? Hold on there!

On the topic of "recess appointments", I submit that the traditional view of this, at least that being bandied about in the media, is seriously flawed.



The President does NOT have a Constitutional right to fill any vacancies the Senate is considering, but only such vacancies that might OCCUR DURING a Senate recess.



From the US Constitution, for you contemplation:



Article 2 - The Executive Branch

Section 2 - ". . . 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."



Note the specific wording. It says vacancies "that may happen during", not those 'that may happen to exist during' a recess.



So, clearly, a plain reading of the Constitution puts lie to what so many media people mainatain, that President Bush has a Constitutional power to appoint John Bolton during the coming Senate recess.



Further, I submit that should President Bush make such an appointment, he would be in violation of the US Constitution, thus adding fuel to the smoldering issue of impeachment.