Trump is considering a tool known as recess appointments to skip over Senate confirmations for even some of the most powerful positions in U.S. government.
In an effort to establish a more assertive administration than his first term, U.S. President-elect Donald Trump is selecting loyalists for his Cabinet and is thinking of using a tactic called recess appointments to circumvent Senate approvals for even some of the most important jobs in the American government.
Over the weekend, Trump insisted that Senate Republicans, who will control the majority in the body next year, consent to recess appointments. Trump is coming to Washington with nearly complete party support, even the more conservative Republicans who still have sway in the Senate, which would represent a major shift of power away from the Senate.
But now that Trump is using individuals who are not part of the Republican Party mainstream, such as former members of Congress, their dedication is being put to the test. Tulsi Gabbard of Hawaii and Matt Gaetz of Florida are running for top spots, along with Robert F. Kennedy Jr., a well-known vaccine skeptic.
Even while Republicans will have a 53-seat majority in the Senate, it soon became clear this week that candidates like Kennedy, who was nominated for health secretary, and Gaetz, who Trump revealed as his pick for attorney general, could find it difficult to secure majority support. However, if Trump can utilize recess appointments, it might not be a factor.
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How do appointments for recess operate?
As established by the U.S. Constitution, the Senate plays a crucial role in approving or disapproving high-ranking officials, including judges, diplomats, and Cabinet members. As part of the government’s checks and balances, it makes sure the president can’t rule by himself. The Constitution does, however, contain a provision that permits presidents to complete their terms during Senate recess.
In the early days of the country, presidents could utilize recess appointments to fill critical positions, while Congress would take months-long vacations from Washington. But more lately, party disputes with the president have included the recess appointment procedure.
According to the Congressional Research Service, President George W. Bush appointed 171 people during vacation, while President Bill Clinton appointed 139 people. However, neither president used the recess appointment procedure for high-level Cabinet positions. A 2014 Supreme Court decision placed a restriction on the president’s authority to nominate anyone during recess, despite President Barack Obama’s 32 attempts to maintain the practice.
The Supreme Court unanimously decided that a president cannot nominate people on his own initiative until the Senate has adjourned or receded for ten days. As a result, the Senate continues to convene pro-forma sessions, in which one senator opens and shuts the chamber but no legislative activity is done, even during weeks-long getaways from Washington.
Additionally, by preventing the Senate from adjourning, the House has some control over recess appointments.
Why is Trump requesting appointments during recess?
Trump aspires to be a stronger and more assertive president than any previous one.
When Democrats delayed the Senate’s confirmation of Trump’s candidates in 2020, he threatened to utilize recess appointments while still in office. He vowed to utilize the Constitution’s presidential prerogative to postpone both houses of Congress on “extraordinary occasions” and in cases when the Senate and House cannot agree on how to proceed.
Trump will be collaborating with Republicans who have a majority in the House and Senate and have pledged to support his agenda when he takes office again the following year. However, Trump may use his political influence and even force through even the most contentious decisions for his administration by demanding recess appointments.
The incoming Senate majority leader, Sen. John Thune, was elected this week and is promising to maintain “an aggressive schedule until his nominees are confirmed.” Additionally, Republican Thune of South Dakota is not ruling out recess appointments.
Although Democrats would probably try their best to stop it, Republican senators would need to approve a motion of adjournment with a simple majority vote in order to permit Trump to nominate the members. Additionally, it’s unclear if Republican senators would completely back such a move.
Would recess appointments work?
It’s unclear. With several Republican senators reminding the Senate of the significance of their “advise and consent” role in selecting the president’s Cabinet, Gaetz and Gabbard’s comments this week jolted the Senate into action.
Sen. John Cornyn, a Republican, told reporters Thursday that he could be amenable to letting Trump schedule recess appointments after his failed bid for Senate leader a few days prior.
“Obviously, I don’t think we should be avoiding the Senate’s duties, but I believe that discussing recess appointments at this time is premature.”
Republicans that dare openly oppose Trump are still extremely few, if they exist at all. On January 3, when the new Congress convenes, Republican senators intend to start hearings on Trump’s Cabinet selections first.