[mrsmith]

No, the Constitution supercedes any law.

If the constitution says he can, and it does if the congress were really in recess, then only a constitutional amendment can change that- not a mere law.

Note that ambassadors are recess appointed though the constitution itself says they are to be confirmed by the senate.
Why is that done? Because the recess clause says it can be done.

[aruanan]

Why is that done? Because the recess clause says it can be done.

If the vacancy occurs and appointment to fill it both happen while the Senate is in recess. In this case with Obama, neither of these conditions obtains.

[Pilsner]

No, the Constitution supercedes any law. If the constitution says he can, and it does if the congress were really in recess, then only a constitutional amendment can change that- not a mere law.

Nope.

The President could recess appoint (if the Senate is in recess) any future Director, but until the initial Director is confirmed by the Senate, the enabling legislation, that created the Director's position, provides that the Director's powers are vested in the Secretary of the Treasury. Senate confirmation of the initial director is a condition precedent for the Director to have any authority to exercise.