Reply #2: It's not an amendment [View All]

[Fiona]

it's in the constitution proper.

"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" (II, 2, 3).


It has been interpreted by courts to mean that the appointment can occur during any recess, whether or not the vacancy itself occurred during a recess.