Sandy Levinson writes:
> Isn't it spectacularly likely, incidentally, that no one
> drafting the Constitution give a nano-second of thought to
> the possibility of recess appointments to the federal
> judiciary? Is this relevant (assuming it is true)?
Why would this be that likely? The notion that there'd be a vacancy
in a judicial office wouldn't be that strange, it seems to me. They
obviously thought quite a bit about the judicial branch -- why wouldn't they
think about vacancies there.
Incidentally, does anyone know about whether there were notable
judicial vacancies in the states in the years before the Framing, and how
they were dealt with?
Eugene
