Article II, Section 2, Clause 3: Recess Appointments

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.

Recess appointments were a regular and not too controversial part of American politics until the last two years of President George W. Bush’ term. The Senate Majority Leader, Harry Reid, was apparently concerned that Bush might appoint James W. Holsinger, who was accused of anti-gay bias, as acting Surgeon General via a recess appointment. Reid saw to it that the Senate held pro forma sessions such that it was never in recess for more than three days for the remainder of the Bush presidency, thereby blocking Bush from making any recess appointments.

This escalated under President Obama. Although Mr. Obama made 32 recess appointments early in his presidency, the Republican-controlled House refused to go into recess, forcing the Senate to do the same and thereby blocking a recess appointment of  Richard Cordray as Director of the Consumer Financial Protection Bureau.