Path to Liberty Recess Appointments: Forgotten Constitutional Limits from the Founders
Even Alexander Hamilton – no opponent of big, centralized government – held a far more restrictive view of executive power on “recess appointments” than most politicians and judges today. That tells you just how far things have gone off the rails. In this episode, we’re breaking down one of the most misunderstood parts of the Constitution – the Recess Appointments Clause. We’ll cover how the Founders viewed the clause, what they meant by recess, adjournment, and happen, and three key takeaways that expose how modern practices have strayed from the Constitution’s original design.
Path to Liberty: February 3, 2025
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SHOW LINKS:
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Constitution: Article II, Section 2, Clause 2-3
Michael Rappaport – The Original Meaning of the Recess Appointments Clause
Alexander Hamilton – Federalist 67 (11 Mar 1788)
Edmund Randolph – Opinion on Recess Appointments (7 July 1792)
Rob Natelson – The Evidence Continues to Pile Up on “Recess Appointments”
Massachusetts Constitution, Part 2, Chapter II, Section I, Article V (1780)
New Hampshire Constitution, Part 2, Article 34 (1784)
St. George Tucker – View of the Constitution of the United States (1803)
READING LIST
- Edmund Randolph 1792 Opinion
- Federalist 67
- Natelson – The Origins And Meaning Of “Vacancies That May Happen During The Recess” In The Constitution’s Recess Appointments Clause
- Rappaport – The Original Meaning of the Recess Appointments Clause
- Ramsey – Brief of Originalist Scholars
- Justice Scalia – Concurring Opinion in NLRB v. Canning,
- Krista M. Pikus – When Congress is Away the President Shall Not Play: Justice Scalia’s Concurrence in NLRB v. Noel Canning
MORE VIDEO SOURCES
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