I looked up my thoughts in regard to recess appointments here.

http://en.wikipedia.org/wiki/Recess_appointment

I was thinking today on what constitutes a recess in the senate. My thinking is that during a session of congress they have vacation recesses which are intrasession recesses (during a recess within a session). Then I was thinking They have a recess from the current session until the next session starts which is an  intersession recess (between sessions or Congresses).

Then my thoughts went to why was this in the constitution. I was thinking that the senate did not have the work load during those early years and took longer intersession recess. I found that to be correct on my thinking.
" intersession recesses during the early days of the country lasted between six and nine months,"

Then my thoughts went to with the senate having a full schedule pretty much all 12 months of the year why is it necessary for any president to make recess appointments. I do not think recesses last much longer than 30 days now.

My conclusion is the supreme court should make a decision on this as recess appointments are being abused by presidents. Recesses are not as long now as to when the constitution was written.

For the senate to block a president from making recess appointments they hold pro forma sessions. Of course the dems are in the white house and Reid (D) heads the senate so you are not going to see pro forma sessions.

Now if the republicans take control of the senate for the 2011 session they could hold pro forma sessions to block recess appointments.