[20050202]RS22039_联邦休庭法官.pdf

1 U.S. Const., art. II, 2, cl. 2-3.2 2 The Records of the Federal Convention of 1787, at 540, 574, 600, 660 (New Haven:YaleUniversity Press, 1937, Max Farrand, ed.) (hereafter “Farrand”); 3 Farrand 421. See also thetreatment by Alexander Hamilton in Federalist No. 67 and No. 76.Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS22039February 2, 2005Federal Recess JudgesLouis FisherSenior Specialist in Separation of PowersGovernment and Finance DivisionSummaryUnder Article II of the Constitution, the President is empowered “to fill up allVacancies that may happen during the Recess of the Senate, by granting Commissionswhich shall expire at the End of their next Session.” Presidents have used the recessappointment power on more than 300 occasions to place judges on the district, appellate,and U.S. Supreme Court level. This practice slowed after the 1950s, but recent recessappointments to federal appellate courts ( the Fourth, Fifth, and Eleventh Circuits) haverevived a number of constitutional issues. For a detailed analysis, see CRS ReportRL31112, Recess Appointments of Federal Judges, by Louis Fisher. Recess ClauseU