The Constitution in Recess

The Constitution in Recess

November 21st, 2007

When is the Congress not “in session” for the purposes of the recess appointment clause? Are they not in session over the weekends? What about when they take a lunch break? How long, in other words, do they not have to be present for the president to make a recess appointment? Over the Thanksgiving holiday, Congress adopted the four-day theory.

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