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Recess Appointments Issues

Date of Issuance:
Headnotes

The following memorandum reviews a number of legal and constitutional issues relating to the President’s power to make appointments during a recess of the Senate, concluding that there have been no developments which call into question the conclusions of a 1960 Attorney General opinion, 41 Op. Att’y Gen. 463. It also contrasts the language, effects and purposes of the Pocket Veto and Recess Appointments Clauses.

Updated July 9, 2014