US Constitution Series, Article II, Section 2

Article II. EXECUTIVE DEPARTMENT

§ 2. Powers and Duties of the President

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

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.

The so-called Czars are persons whom the President has appointed without the advice and consent of the Senate. The advice and consent of the Senate is required for the appointment of "Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for...."

The President has bypassed the advice and consent of the Senate by making recess appointments. However, the language suggests th o me that recess appointments should only be made if the vacancy occurs during the recess. Remember, originally, the Congress met only for eh short portion of the year, not like today. Months would pass during an adjournment, so the recess appointment process was thought necessary.