Article II Section 2 Clause 3 of the Constitution of September 17, 1787 appears to give a President the power to grant commissions which shall expire at the end the Senate’s next session:  “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.”

The power to make recess appointments is in the President of the United States of America and not in the President of the United States.  Article II Section 1 Clause 1 expressly vests the executive power in “a President of the United States of America.”  The authority of the President of the United States is expressed in the form of duties set out in Article I Section 7, which make the President of the United States an employee.  The President of the United States must either approve, object or fail to approve or object to Bills.  The President of the United States of America may make recess appointments in his sole discretion.

The American Presidency is actually two Offices: the President of the United States of America, which is conferred when the Certificates and Votes are opened and counted in the presence of the Senate and House of Representatives and the Office of President of the United States which is assumed when the President of the United States of America takes the oral oath of Office set out in Article II Section 1 Clause 8.   

To learn more about the American presidency, the Constitution and the other Organic Laws of the United States of America contact me at edrivera@edrivera.com

Dr. Eduardo M. Rivera   

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