rtepker at OU.EDU
Tue Apr 2 14:08:55 PST 2002
January 2003. I believe the 20th amendment answers your question.
Harry F. Tepker
Calvert Chair of Law and Liberty
& Professor of Law
University of Oklahoma
Norman, Oklahoma 73019
rtepker at ou.edu <mailto:rtepker at ou.edu>
From: Mark Tushnet [mailto:tushnet at LAW.GEORGETOWN.EDU
<mailto:tushnet at LAW.GEORGETOWN.EDU> ]
Sent: Tuesday, April 02, 2002 1:34 PM
To: CONLAWPROF at listserv.ucla.edu
Subject: Recess appointments
I just received a press inquiry on the following question, and thought I
could confirm my judgment (which I'll conceal at this point, out of fear of
embarrassment) by inquiring of the list: Art. II, sec. 2, cl. 3, says that
the president has the power to make recess appointments "which shall expire
at the End of their [the Senate's] next Session." The question is, with
respect to a recess appointment made last week (the FEC appointment, the
Education Department appointment), when does "the next Session" end?
January 2003, January 2004, or January 2005?
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