Justice Takes a Recess Judicial Recess Appointments from George Washington to George W. Bush

The Constitution allows the president 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." In Justice Takes a Recess, Scott E. Graves and Robert M. Howard address how presidents have used recess appointments over time and whether the independence of judicial recess appointees is compromised. They argue that these appointments can upset the separation of powers envisioned by the Framers, shifting power away from one branch of government and toward another.

Scott E. Graves is assistant professor of political science at Georgia State University. Robert M. Howard is associate professor of political science at Georgia State University.