Word: recessed
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...doubt the technical question is open to debate. In advising the President that he has power to fill the vacancy in the Chief Justiceship by a recess appointment, Attorney General Browell is, of course, relying on the broad image of Article II, section 2, of the Constitution, applicable to federal offices generally, that "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...
...Governor Warren undertakes to act as Chief Justice next Monday, he will be holding office, if at all, only until the end of the next session of the Senate. This recess appointment will be distinct from his permanent appointment and, indeed, would continue to be valid, if valid at all, even if the Senate were to reject his nomination for a permanent appointment. The permanent appointment will be subject to three future contingencies; (1) the decision of the President to forward his nomination to the Senate; (2) the decision of the President not to withdraw the nomination before...
...true that recess appointments have occasionally been given to judges of constitutional courts, and that various Attorneys General have assumed that such appointments are valid. But occasional practice backed by more assumption cannot settle a basic question of constitutional principle. Certainly, the famous early example of John Rutledge, who sat as Chief Justice and then failed of confirmation, does not prove the propriety of the practice. It provides, instead, a vivid illustration of its dangers and impropriety...
Warren, appointed by Eisenhower to fill the vacancy caused by the death of Fred M. Vinson, is scheduled to be sworn in Monday. But the Senate, which must approve the appointment, is in recess and will not convene again until January...
Youngsters attending the one-room schoolhouse at Perry Siding, B.C., saw a strange sight as they trooped out of class for their lunch recess one day last week. Ranged outside the school was a crowd of 75 buff-bare men and women, members of the unruly Sons of Freedom Doukhobor sect,* staging one of their nude protest parades...