Vacancy in United States

Vacancy Definition

A place which is empty. As applied to oflBcial position, has reference to an office that is unoccupied, one without an incumbent; an office not filled. 107 Ark. 386; 155 S. W. 502; Ann. Cas. 1915 A 573. It has been held to include an office newly created, and not yet filled. 108 Mo. 153. As used in statutes, it has been held to include temporary vacancies. 38 Ohio St. 23 ; and sometimes an office temporarily filled when it is evident from the context that such meaning was intended. 107 Ark. 386; 155 S. W. 602; Ann. Cas. 1915A 573. By the constitution of the United States, the president has the power to fill vacancies that may happen during the recess of the senate. Whether the president can create an office and fill it during the recess of the senate seems to have been much questioned. Story, Const. § 1553. See Sergeant, Const. Law, c. 31; 1 111. 70. There has been much discussion whether a failure to elect constitutes a vacancy, the question generally arising where the governor has power to fill vacancies between the sessions of the legislature, and seeks to appoint after adjournment of the legislature, without agreeing on a selection. The better reason is to the effect that a vacancy exists, and it has been so held (15 R. I. 621; 91 N. Y. 634) ; but the United States senate, construing section 3, art. 1, Const. U. S., providing, “if vacancies [in the senate] happen by resignation or otherwise during the recess of the legislature,” the governor may appoint, has uniformly held that there was no power of appointment in the governor where the legislature had adjourned after a failure to elect.

Vacancy in Foreign Legal Encyclopedias

Back to Top

For starting research in the law of a foreign country:

Browse the American Encyclopedia of Law for Vacancy

Scan Vacancy in the appropriate area of law:

Explore other Reference Works

Back to Top

Legal Issue for Attorneys

A place which is empty. As applied to oflBcial position, has reference to an office that is unoccupied, one without an incumbent; an office not filled. 107 Ark. 386; 155 S. W. 502; Ann. Cas. 1915 A 573. It has been held to include an office newly created, and not yet filled. 108 Mo. 153. As used in statutes, it has been held to include temporary vacancies. 38 Ohio St. 23 ; and sometimes an office temporarily filled when it is evident from the context that such meaning was intended. 107 Ark. 386; 155 S. W. 602; Ann. Cas. 1915A 573. By the constitution of the United States, the president has the power to fill vacancies that may happen during the recess of the senate. Whether the president can create an office and fill it during the recess of the senate seems to have been much questioned. Story, Const. § 1553. See Sergeant, Const. Law, c. 31; 1 111. 70. There has been much discussion whether a failure to elect constitutes a vacancy, the question generally arising where the governor has power to fill vacancies between the sessions of the legislature, and seeks to appoint after adjournment of the legislature, without agreeing on a selection. The better reason is to the effect that a vacancy exists, and it has been so held (15 R. I. 621; 91 N. Y. 634) ; but the United States senate, construing section 3, art. 1, Const. U. S., providing, “if vacancies [in the senate] happen by resignation or otherwise during the recess of the legislature,” the governor may appoint, has uniformly held that there was no power of appointment in the governor where the legislature had adjourned after a failure to elect.

This definition of Vacancy is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.