Petitioner’s Brief Creekside High School Skye Colbert
Skye Colbert and Paula Rocha
Table of Cited Authorities
The Recess Appointment
The D.C. Circuit Court of Appeal
The President’s Appointment Power
The President’s Recess Appointment Power
The Senate’s Role in the Appointments Process
Letter from George Washington to William Drayton
Edmund Randolph, Opinion on Recess Appointments for President Jefferson (July 7, 1792)
Debate in North Carolina Ratifying Convention, Speech of Archibald MacLaine
11th Circuit Courts of Appeals Evans v. Stephens (2004)
Constitution: Article 2, Section 2, Clause 3
Statement of Argument
The Presidents’ recess power is respectively enumerated within the Constitution. All of the fundamental executions that the government plays in order to maintain checks and balances. All of the precision and trifling business that the Senate, Congress, and three branches of government can be reflected back upon the explicit and implicit of the Constitution and the Federalist Papers. Our Founding Fathers well-proportioned notion was to perpetuate a healthy ratio of trias politica, each part of government checks themselves and is also able to work cohesively to ensure prosperity and growth of the nation. Therefore, the President should be able to make recess appointments, and the District of Columbia Circuit Court system has not paid close attention to the enumerated remarks of the Constitution:
- If the President’s recess-appointment power can be exercised during a recess of the Senate, or possibly limited to recesses that happen between enumerated sessions of the Senate.
- If the President’s recess-appointment power may be exercised to fill vacancies that exist during a recess, or is instead limited to vacancies that first emerge during that recess.
- If the President’s recess-appointment power may be exercised when the Senate is convening every three days in pro forma sessions.
The President’s recess-appointment power should be advocated during a recess that occurs within a session of the Senate because the Framers of the Constitution adopted the Recess Appointments Clause to ensure that the President would be allowed to make temporary appointments to the Judicial and Executive branches when the Senate was not able to provide its advice and content. When the Framers of the Constitution drafted the Constitution, they imposed a well-founded, nonpartisan Executive branch that would be managed by the President. The President would be given a set of responsibilities for executing our nations laws and (dissimilar the Senate) was mandated to “be on duty continuously.” The Framers were well aware that the President needed subordinate officials to guide him in all of the decision-making responsibilities. They also gave the President the authority to appoint all of these officials and federal judges with the advice and consent of the Senate. To warrant that the President could continue to make appointments even when the Senate inaccessible to administer the advice and consent, the Framers had to affirm the Recess Appointments Clause.
Succeeding, the President’s recess-appointment power may be exercised to fill vacancies that exist during a recess because of Article 2, Section 2, Clause 3. “ The President shall have Power to fill up all vacancies that may happen during the Recess of the Senate by granting Commission which shall expire at the end of their next session.” (Article 2, Section 2, Clause 3) It is constitutionally accepted for the President to use recess-appointments while Congress is on vacation. The President can make these appointments without the Senate approval. The only catch to that the appointments end at the end of the next Senate assembly. This particular clause grants the President executive discretion to practice the recess-appointment powers. This was specifically enumerated in the Constitution, so it should not be up for debate. “A recess appointment is the executive power to make a certain number of appointments formed over a number of years.The majority of state constitutions allowed for their executive officers to make decisions while the legislature was not in session, but these actions were temporary, and would typically expire at the end of the legislature’s next session, unless the legislature approved of the action.” ( 1776 Constitution of North Carolina) This quote goes straight back the our US Constitution. The people who our on our side state they each person involved in political factions shielding the Constitution states that , “ Recess appointment power was a stopgap measure to ensure the continued efficient operation of the government.” (1776 Constitution of North Carolina, The Federalist)
Triennial, the President’s recess appointment power may be exercised when the Senate is convening every three days in the pro forma sessions because of the way that the sessions are conducted. These pretend sessions are not enough to constitute a “recess”, and even a very brief, spurious session is enough to constitute an exploit of Senate function. In the case of Evans v. Stephens, the Constitution does not establish a minimum time that an authorized break in the Senate must last to give legal force to the President’s appointment power under the Recess Appointments Clause.
President Obama has the right to appoint these officers to the National Labor Relations Board due to Article 2, Section 2, Clause 3. Within this article it states implicit instructions about what the President can do about recess appointments. Also, looking back at other cases such as Evans v. Stephens, gives the Supreme Court clear indications that there is no established time frame to authorize a break in the Senate. When there is ever a worriment in government, we turn to the Constitution or the Federalist Papers. Upon this conclusion, we need to pursue exactly what our Founding Fathers would have wanted us to do.