the use of the Recess Appointment power:

The Constitution does not specify the length of time that the Senate must be in recess before the President may make a recess appointment. Over time, the Department of Justice has offered differing views on this question, and no settled understanding appears to exist. In 1993, however, a Department of Justice brief implied that the President may make a recess appointment during a recess of more than three days. In doing so, the brief linked the minimum recess length with Article I, Section 5, clause 4 of the U.S. Constitution. This Adjournments Clause provides that “Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days ….” Arguing that the recess during whichis in many respects a relic of the era in which the Constitution was drafted and the amount of time it took to travel from one part of the country to where ever the Capitol was located would take days, if not longer depending on the time of year. From the beginning of the Republic and continuing up until the early part of the 20th Century, Congress would often be out of session for months at a time and the need to make appointments would often arise quite regularly. Arguably, the Recess Appointment clause was never intended to empower the President to put into office a nominee that the Senate had refused to confirm. However, the Constitution does not say that, nor does it define what a proper