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President Harry S. Truman used the two days between sessions of the 80th Congress to make a recess appointment.
On his view, for example, if a federal judge dies during the Senate's August recess, the president may make a recess appointment to replace her.
While they have also hobbled the agency with legal restrictions to keep it ineffective, a full-time director could make a significant impact, which is why Mr. Obama should bypass the Senate and make a recess appointment.
There is talk that the president might make a recess appointment, taking advantage of Congress's vacation to name someone who would not need to be confirmed by the Senate.
Liberal groups — MoveOn, the Campaign for America's Future, Rebuild the Dream and the New Bottom Line, among others — have joined in petitions calling on the president to fire DeMarco and make a recess appointment to replace him.
The president has the power to make a recess appointment when the Senate adjourns for a long break of more than a week, allowing the appointee to avoid Senate confirmation and serve through the end of next year.
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These sessions, typically no longer than thirty seconds each, successfully prevented then-President George W. Bush from making a recess appointment of a controversial new Surgeon General.
For the record, both the House and Senate do reconvene every few days, just long enough to prevent President Obama from making a recess appointment.
But Mr. Bloomberg, a vocal advocate of tougher gun control, also urged the president to take executive actions in the meantime, including making a recess appointment of a new director for the Bureau of Alcohol , Tobacco Firearms and Explosives.
In 1993, after President George Bush made a recess appointment just before leaving office, the Senate legal counsel developed a friend-of-the-court brief for a legal challenge to the appointment, arguing that it was invalid because it did not come between sessions.
Therefore, the President has made a recess appointment," Ruemmler said.
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Justyna Jupowicz-Kozak
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