Article. II. (The Executive Branch)
Section. 2. (Civilian Power over Military, Cabinet, Pardon Power, Appointments)
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
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.
Senator Jim Webb (D-VA) chairs this 9-second session of the United States Senate on December 26, 2008, to prevent recess appointments by President Bush.
Obama’s so-called NLRB “recess appointments” are unconstitutional
Presidential Pardons, Part 1
- Pocket Constitution
- Congressional Procedure, Chapter 8. B. Nominations
- The Constitution of the United States: A Transcription – The National Archives
- United States Constitution: Texts, Commentaries, Historical Texts and Judicial Decisions – Law Library of Congress
- The Constitution of the United States of America: Analysis and Interpretation – FDsys
- Constitution of the United States of America: Analysis and Interpretation, Govinfo.gov
- Section 2: Presidential Powers – Wikipedia
- Art. II, Section 2, CRS Annotated Constitution, LII
- DC Circuit Strikes Down President Obama’s Recess Appointments
- Recess Appointments category on The Volokh Conspiracy
- “Federalism, State Sovereignty, and the Constitution: Basis and Limits of Congressional Power,” CRS Report RL30315 (31-page PDF)
- “Executive Orders: Issuance, Modification, and Revocation,” CRS Report RS20846 (15-page PDF)
- “Recess Appointments: Frequently Asked Questions,” CRS Report RS21308, (19-page PDF)
- “Recess Appointments: A Legal Overview,” CRS Report RL33009 (38-page PDF)
- “The Treaty-Making Power of the Executive,” Federalist 75 (Hamilton)
- Advice and Consent / Plum Book (CongressionalGlossary.com)
- Impeachment (CongressionalGlossary.com)
- Nomination / Confirmation (CongressionalGlossary.com)
- The President’s Nominations to Federal Courts (CongressionalGlossary.com)
- Recess (CongressionalGlossary.com)
- Senate (CongressionalGlossary.com)
- “Did the President’s Remarks Constitute ‘Unlawful Command Influence’ on Military Sentencing?” Volokh, June 13, 2015
- “Hacking the Appointments Clause,” by Julian Sanchez, Cato at Liberty, November 9, 2018
- “JCPOA 2.0,” by John R. Bolton & John Yoo, January 7, 2021
A free download of our Pocket Constitution is available on Scribd.
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