- Cool Stuff You Can Borrow
- Research Tools
- Legal Databases
- Academic and Historical Research
- Business and Corporations Research
- California and State-Specific Law
- Empirical Legal Research
- Foreign & Comparative Resources
- Low Cost—No Cost Guide To Online American Research
- LSN Subscriptions
- Table of Contents Alerts
- U.S. Law and Legislative History
- Other Resources
- Research Projects
- Campaign Finance
- Diary of a Contraband
- Don’t Ask. Don’t Tell.
- Election 2000
- Global Class Actions Exchange
- Lawyers of Latin America
- Libor Litigation
- Library Publications
- Proposition 8
- Recess Appointments
- United States v. Windsor
- University Women
- Women in the Legal Profession
- Women’s Legal History
In the News: Recess Appointments
Although the lion’s share of today’s headlines focus on the results of the Iowa Caucus, there are a number of stories on Obama’s recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau. [For more information on the Cordray appointment, read articles in the Washington Post, New York Times, and on blogs such as the Volokh Conspiracy etc.]
A number of the news articles reference reports and opinions that discuss the authority and scope of recess appointments.
Lucky for us, many of these items are available online.
HeinOnline has a great collection of U.S. Attorney General Opinions. There is an early Attorney General opinion, “Executive Authority to Fill Vacancies,” from October 22, 1823, and it available to us via HeinOnline. [“The substantial purpose of the constitution was to keep these offices filled; and the powers adequate to this purpose were intended to be conveyed.”]
Also mentioned in some news coverage is a 1905 Senate Report (S. Rep. No. 58–4389) titled, “Inquiry as to what constitutes recess of Senate.” This report, along with other House and Senate Reports, is available full-text (PDF) to us via ProQuest Congressional (formerly Lexis Congressional).
There are also quite a few CRS (Congressional Research Service) Reports on this topic. The ProQuest Congressional database includes many of these reports; searching the web will also direct you to OpenCRS, which is a great (free) database of many CRS reports. Of note, the 2012 CRS Report by Henry B. Hogue, “Recess Appointments: Frequently Asked Questions,” and the 2005 report by T.J. Halstead, “Recess Appointments: A Legal Overview.”
If you have questions about using these databases, please let us know.