Interesting thoughts on recess appointments
Publius Huldah makes an interesting point. The custom has been for presidents to make recess appointments (requiring no Senate confirmation, but good only until the end of the next Senate session) whenever a job is open and the Senate goes out of session. But the constitutional provision relates only to vacancies that occur while the Senate is in recess, not to filling vacancies that existed before then. The purpose wasn't to circumvent the confirmation requirement, but to enable it to be sidestepped if the Senate were not in session to consider the nominee. It shouldn't be usable where the vacancy existed while the Senate was in session, and the Senate either declined to confirm, or the president neglected to nominate.