Article II, Section 2, Clause 3 authorizes presidents to fill federal vacancies during Senate recesses by granting commissions that expire at the end of the Senate's next session. The Framers created this power because they expected the Senate would be away for months at a time, making it essential to maintain government operations when the Senate could not provide advice and consent. Presidents have used this authority both for administrative continuity and political purposes, appointing officials who might struggle to secure Senate confirmation.
The Supreme Court limited this power in NLRB v. Noel Canning (2014), holding that recesses shorter than ten days are presumptively too brief to trigger appointment authority, though recesses longer than three days may qualify. Recess appointees must win Senate confirmation by the end of the next session or their appointments expire.