4/4
Paying Recess Appointees
Finally, it should be noted that, conventionally, on account of having been appointed to the Office by one of the methods specified by the Constitution itself,a recess appointee must receive pay on the same plane as any Senate-confirmed officer. The Pay Act Amendment of 1940, 5 U.S.C. § 5503, which purports to prohibit the use of funds to pay recess appointees to many vacancies that existed while the Senate was in session, attempted to invade this constitutional principle.However, that statute is unconstitutional in three respects and would not survive a challenge: (1) it encroaches upon the President’s unmistakable and historically acknowledged power (in both Noel Canning and SW General) to make recess appointments during intra-session recesses; (2) it requires the President to submit certain categories of intra-session recess appointments to the Senate for confirmation within 40 days of the start of the next session of the Senate (whereas the Constitution does not requireany procedurebe used to later confirm recess-appointed officers at all, as long as their appointment does not exceed the end of the session in which they were appointed); and (3) any application of its pay restrictions to Article III Judges infringes upon those Judges’ special right, which other officers do not have, to undiminished compensation.
Conclusion
In conclusion,the President’s full range of powers under the Recess Appointments Clause, the base Appointments Clause, and those two sets of powers as supplemented by the FVRA are broad and extremely powerful —more than adequate to put the Houses of Congress into recess for a sufficient length of time and make recess appointments== to fill out subordinate Executive Branch roles to avoid any delay in the enactment of his agenda.
https://americarenewing.com/issues/brief-on-the-article-ii-recess-appointments-clause/
Lots of endnotes at link above for law fags