Recess Appointments and the Supreme Court

3 June 2013 – In recess appointments case, Supreme Court looks at an article of the Constitution: ‘the’

Obama is facing a landmark Supreme Court ruling…about the word ‘the’! The Supreme Court are examining the constitutionality of recess appointments; those appointments that take place during Congressional holidays and are therefore not Senate confirmable. These appointments are a good example of an ‘unchecked’ power of the President (although, they are eventually). However, this case then is the Supreme Court examining the relationship between Congress and President based on the Constitution. What a great example for any separation of powers question! Equally, as they are discussing the use of the word ‘the’, it could equally be a great example for those strict constructionists/originalists on the bench – what EXACTLY did the Founding Fathers mean? Finally, obviously, it’s a great examples of recess appointments and the President navigating an opposition Congress. Enjoy!