If this one is "an abuse of power," what was it when Clinton not only made recess appointments, but executive orders when it pleased him?
Remember Bega-lice's comment, "Stroke of the pen, Law of the land, kinda neat!"...........
No, both are found in the Constitution in Article II, section 2. Clause 2 gives the Senate the power to advise and consent to nominations, while Clause 3 says:
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.
This enables the President to make an appointment during a Senate recess that would otherwise require the advise and consent of the Senate, including cabinet secretaries, ambassadors, federal judges, directors of federal agencies, and members of federal boards and commissions -- even Supreme Court Justices.
Since 1791, 15 Supreme Court Justices began their tenure with a recess appointment, the most recent being Justice Potter Stewart in 1958.
President Clinton has now made 56 recess appointments in his 6 ½ years, the last being James Hormel as Ambassador to Luxembourg on June 4, 1999.
President Bush made 77 recess appointments during his 4 year tenure, and in 8 years as President, Ronald Reagan made 243 such appointments. President Carter made 68 recess appointments over 4 years in office.