The President’s Power to Make Recess Appointments

Run time: 50 minutes

President-elect Donald Trump’s allies have floated the possibility of suspending Congress in order to use the Recess Appointments Clause to install cabinet officials without Senate confirmation. In this episode of We the People, Ed Whelan and Thomas Berry join Jeffrey Rosen to preview this plan and debate its legal merits. Listen now

We the People and Live at the National Constitution Center are available on Apple Podcasts, Spotify, or wherever you get your podcasts. Learn more 

Understanding the Constitution’s Recess Appointments Clause

by Scott Bomboy | Read time: 5 minutes

“President-elect Donald Trump’s recent remarks about using recess appointments to name his cabinet nominees has drawn a good deal of media attention. Under the Constitution, the president does have limited powers to make temporary appointments when the Senate is not in session, and he can adjourn the Senate as well, but under highly restricted circumstances. ...” Read more

The One Alien and Sedition Act Still on the Books

by Scott Bomboy | Read time: 3 minutes

“Some of the most controversial measures taken by the federal government in its early days were the Alien and Sedition Acts of 1798. The laws expelled alien residents without due process and censored the free press. ...” Read more

Prints and Photographs Division/Library of Congress

Teaching Democracy The Power of Civic Literacy

Jeffrey Rosen joined Hans Zeiger, president of the Jack Miller Center, for a conversation on civic literacy in America. They discussed Rosen’s bestselling book, The Pursuit of Happiness, and what the founders can teach us about living a good life, the need for an educated citizenry, and prospects for civic literacy in our own time. Watch now

Article II, Section 2

“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.” 

Read interpretations in the Interactive Constitution

Support the Center

Your generous support enables the National Constitution Center to thrive as America’s leading platform for nonpartisan constitutional education and civil dialogue.  

Connect With Us

Update your email preferences by clicking the Update Profile link below to subscribe to other National Constitution Center newsletters and manage how often you hear from us.