The Art of Recess Appointments: Trump's Tool to Bypass Senate Confirmation
As President-elect Donald Trump prepares to take office, he is considering a little-known constitutional power to appoint officials without Senate confirmation. Known as recess appointments, this alternative method allows the president to temporarily fill vacant offices while the Senate is in recess. With a lengthy Senate vetting process looming for his cabinet nominees, Trump may try to upend this exercise in some cases by resorting to recess appointments. The origins of recess appointments date back to the U.S. Constitution's Appointments Clause, which empowers the president to nominate and, with the advice and consent of the Senate, make appointments to high-level policy-making positions. According to Alexander Hamilton in No. 67 of The Federalist Papers, the ability to fill vacancies in important positions when the Senate is in recess was deemed essential to maintain government function. The framers of the Constitution anticipated that the Senate would be away for months at a time, and thus the president needed a mechanism to fill vacancies temporarily. However, the use of recess appointments has been subject to interpretation and controversy over the years. The Supreme Court has ruled that the Senate must recess or adjourn for at least 10 days before the president can make a unilateral appointment. This has led to a practice where the Senate holds pro-forma sessions, where one senator opens and closes the chamber, but no legislative business is conducted. Trump's potential use of recess appointments has sparked concern among Democrats and some Republicans. While it is not a new tactic – President Clinton made 139 recess appointments and President George W. Bush made 171 – Trump's willingness to bypass Senate confirmation for top-level Cabinet positions has raised eyebrows. According to the Congressional Research Service, neither Clinton nor Bush used recess appointments for top-level positions.Trump's Consideration of Recess Appointments: A Controversial Move?
Trump's consideration of recess appointments has been met with skepticism by some lawmakers. Senator John Thune (R-SD) stated that recess appointments are "on the table" to get Trump's picks through the Senate, while Senator Bill Cassidy (R-LA) said he could support recess appointments if Democrats "gum up the works." However, others have expressed concerns about the potential for Trump to abuse this constitutional power. The use of recess appointments also raises questions about the accountability of officials appointed through this process. Since recess appointments only last until the end of the next Senate session, usually around the calendar year, they may not be subject to the same level of scrutiny as those confirmed by the Senate.The Implications of Recess Appointments
If Trump resorts to recess appointments, it could have significant implications for the balance of power between the executive and legislative branches. The Senate's ability to provide advice and consent on presidential appointments is a critical check on executive authority. By bypassing Senate confirmation, Trump may be able to install officials who are more loyal to his administration than to the institutions they will serve. In conclusion, Trump's consideration of recess appointments is a significant development in the ongoing struggle between the executive and legislative branches. While the use of recess appointments is not new, Trump's willingness to bypass Senate confirmation for top-level positions has raised concerns about accountability and the balance of power. As the Senate prepares to take up Trump's nominations, it remains to be seen whether the president will resort to recess appointments to get his picks through.#Politics