Recess Appointments

There is some controversy going on about the recess appointments that President Obama made in the last few weeks. The Constitution says 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." In other words, the Vacancy must occur during the recess; if the Vacancy happens before the recess, it cannot be filled during the recess. Read this. HT Volokh commenter