As US President-elect Donald Trump moves to establish a more powerful presidency than in his first term, he is selecting those loyal to his government and considering using a tool known as recess appointments to bypass Senate confirmations of even some of the most powerful offices in the United States. United States Government.
Over the weekend, Trump called on Republican leaders in the Senate, who will hold the majority in the chamber next year, to agree to allow recess appointments. This would be a major shift of power away from the Senate, but Trump returns to Washington with almost complete support from his party, including the more traditional Republicans who still have influence in the chamber.
However, their commitment is being tested now that Trump has turned to selecting people from outside the GOP mainstream such as former Reps. Matt Gaetz of Florida and Tulsi Gabbard of Hawaii for top positions, as well as famous vaccine skeptic Robert F. Kennedy Jr.
It quickly became clear this week that figures like Gaetz, whom Trump announced as his pick for attorney general, and Kennedy, the nominee for health secretary, may struggle to gain majority support from the Senate — even though Republicans will have a 53-seat majority. But that may not matter if Trump is able to use his vacation appointments.
How do vacation schedules work?
The Senate, as established by the U.S. Constitution, plays an important role in confirming — or dismissing — high-level officials such as cabinet positions, judges, and ambassadors. It is part of the government’s checks and balances that ensures that the president cannot rule unilaterally. However, there is a provision in the Constitution that allows presidents to hold office while the Senate is in recess.
During the nation’s early history, Congress would take months-long breaks from Washington, and presidents could use recess appointments to avoid leaving an important post vacant. But recently, the recess appointments process has featured in partisan battles with the president.
President Bill Clinton made 139 recess appointments, while President George W. Bush made 171, although neither used the process to fill high-level Cabinet positions, according to the Congressional Research Service. President Barack Obama tried to continue the practice, using it 32 times, but a 2014 Supreme Court ruling put limits on the president’s power to make recess appointments.
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The Supreme Court ruled unanimously that the Senate must suspend or adjourn for 10 days before the president can make unilateral appointments. This has led to a practice where the Senate — even during long breaks from Washington — still holds pro forma sessions in which a senator opens and closes the chamber, but no legislative business is conducted.
The House also has some power over recess appointments by refusing to allow the Senate to adjourn.
Why is Trump demanding holiday appointments?
Trump envisions becoming a stronger and more powerful president than any president before him.
While Trump was still president in 2020, he threatened to use recess appointments after Democrats slowed the Senate’s confirmation of his nominees. He threatened to use the presidential authority stipulated in the Constitution to postpone sessions of both houses of Congress on “exceptional occasions” and when there is a disagreement between the House of Representatives and the Senate regarding postponement.
When Trump becomes president again next year, he will work with Republicans who hold majorities in the House and Senate and promise to support his agenda. But demanding recess appointments allows Trump to flex his political power and perhaps interfere with even the most controversial choices for his administration.
Senator John Thune, who was elected as the next Senate Majority Leader this week, pledged to maintain an “aggressive timeline until his nominees are confirmed.” Thune, a Republican from South Dakota, also isn’t taking holiday appointments off the table.
To allow Trump to make the appointments, Republican senators would have to pass the adjournment motion by a simple majority, although Democrats will likely do everything they can to prevent that. It is also not clear whether such a move would have the full support of GOP senators.
Will break times work?
It is not clear. The announcements by Gaetz and Gabbard this week have enlivened the Senate, with some GOP senators issuing reminders of the importance of their “advice and consent” role in choosing the president’s cabinet.
Republican Sen. John Cornyn, who suggested just days ago that he might be open to letting Trump make recess appointments while running unsuccessfully for Senate leader, told reporters on Thursday:
“Obviously I don’t think we should sidestep the responsibilities of the Senate, but I think it’s too early to talk about recess appointments now.”
However, there are very few, if any, Republicans left who dare openly challenge Trump. GOP senators plan to begin hearings on Trump’s Cabinet nominees as soon as the new Congress begins on January 3.
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