How Trump could use recess appointments to fill his cabinet

As elected president Donald Trump As he tries to establish a more energetic presidency than his first term, he is choosing loyalists for his Cabinet and considering a tool known as recess appointments to skip Senate confirmations even for some of the most influential positions in the U.S. government.

Trump demanded over the weekend that Republican leaders in the Senate, who will hold the majority in the chamber next year, agree to allow recess appointments. It would be a significant shift of power away from the Senate, but Trump returns to Washington with almost full support from his party, including more traditional Republicans who still hold power in the House.

But their commitment is now being tested as Trump has reached out to select people outside the Republican Party mainstream, such as former lawmakers. Matt Gaetz of Florida and Tulsi Gabbard of Hawaii for top positions.

On Wednesday, it quickly became clear that figures like Gaetz, whom Trump had announced as his choice for attorney general, could do so fight for majority support from the Senate, even if the Republicans will enjoy it a majority of 53 seats. But that might not matter if Trump is able to take advantage of recess appointments.

How do break dates work?

The Senate, as provided for in the U.S. Constitution, plays an important role in confirming – or rejecting – high-ranking officials such as cabinet positions, judges and ambassadors. It is part of the government’s checks and balances to ensure that the president cannot rule unilaterally. However, there is a clause in the Constitution that allows presidents to serve their terms during the Senate recess.

In the country’s early history, Congress took month-long recesses from Washington, and presidents could use recess appointments to prevent an important post from going vacant. However, more recently there have been clashes between the parties and the president when it comes to recess appointments.

According to the Congressional Research Service, President Bill Clinton made 139 recess appointments and President George W. Bush made 171, but did not use the process for top-level Cabinet positions. President Barack Obama attempted to continue the practice by using it 32 times, but a 2014 Supreme Court ruling to stop the President’s power to set appointments during recess.

The Supreme Court ruled unanimously that the Senate must recess or adjourn for 10 days before a president can make unilateral appointments. This has led to a practice in which the Senate — even during weeks-long recesses from Washington — still holds pro forma sessions, with a senator opening and closing the chamber but no legislative business being conducted.

The House also has some influence over recess appointments by denying the Senate adjournment.

Why does Trump demand appointments during recess?

Trump envisions himself becoming a president far stronger and more forceful than perhaps any before him.

When Trump was still president in 2020, he threatened to use recess appointments after Democrats blocked the Senate from confirming his nominees. He threatened to use the president’s power in the Constitution to prorogue both houses of Congress on “extraordinary occasions” and during disagreements between the House and Senate over adjournment.

If 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 potentially push through even the most controversial decisions for his administration.

Sen. John Thune, who was elected this week as the next Senate majority leader, vows to “maintain an aggressive schedule until his nominees are confirmed.” Thune, a Republican from South Dakota, is not taking appointments off the table during breaks.

For Trump to make the appointments, Republican senators would have to pass a motion to adjourn by a simple majority, although Democrats would likely do everything in their power to prevent that. It’s also not clear whether such a move would be fully supported by Republican senators.

Would break dates work?

It’s not clear. Gaetz and Gabbard’s announcements brought the Senate to life this week, with some Republican senators recalling the importance of their “advise and consent” role in choosing the president’s Cabinet.

Republican Senator John Cornyn, who had suggested just days earlier that he might be willing to allow Trump to make the recess appointment given his unsuccessful run for Senate leader, told reporters on Thursday: “Of course I don’t think so. that we should bypass the powers of the Senate. But I think it’s premature to talk about break dates now.”

Yet there are very few, if any, Republicans who dare to openly oppose Trump. Republican senators plan to begin hearings on Trump’s Cabinet nominees as soon as the new Congress begins on January 3rd.

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