Frequently Asked Questions: Law Library of Congress

The United States Constitution outlines the roles and functions of the three federal government branches. Article II, Section 2, Clause 2, also known as the Appointments Clause, grants the President the authority, “with the Advice and Consent of the Senate,” to appoint “Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States.”

The Constitution also authorizes the President to temporarily fill vacancies without seeking the advice and consent of the Senate during a Senate recess. The Recess Appointments Clause, Article II, Section 2, Clause 3, provides, “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.” In addition, the Recess Appointments Clause limits an appointee’s term to the end of the “next session” of Congress after they are appointed. Each session of Congress spans approximately one year.

To learn more about Senate procedures related to presidential appointments, we recommend reviewing the following resources:

• The U.S. Supreme Court addressed how long a Senate must be in recess for these types of appointments to be valid under the Constitution in National Labor Relations Board v. Noel Canning et al., 573 U.S. 513 (2014).
• Congressional Research Service (CRS), Recess Appointments: Frequently Asked Questions (RS21308)
• CRS, Appointment and Confirmation of Executive Branch Leadership: An Overview  (R44083)
• CRS, Temporarily Filling Presidentially Appointed, Senate-Confirmed Positions (RS21412)
• CRS, Senate Procedures to Confirm Nominees (TE10105)