President-elect Donald Trump is pushing to allow recess appointments for the next Senate majority leader, which would allow him to install some officials without Senate confirmation.
Normally, the Senate must approve presidential nominations for high-level positions, including cabinet posts, ambassadorial and inspector general jobs, in a process outlined in the US Constitution. This approach is meant to be a check on presidential power – a way to ensure that officials directly elected by citizens can guard against the appointment of incompetent or corrupt officials.
The Constitution, however, allows for “retirement appointments,” a provision that aims to prevent prolonged government vacancies by allowing the president to install officials without Senate approval when Congress is not in session.
By using such recess appointments, Trump would be able to appoint whomever he wants without giving the Senate a chance to question or object to the pick. Critics of the practice feel that it increases the risk of incompetent, corrupt or ideological appointees filling government positions. It significantly expands the powers of the President.
Although recess appointments have been used by presidents of both parties in the past, in recent years, the Senate has avoided going into extended recesses, preventing presidents from making any appointments in the absence of senators.
Peveril Squire, a political science professor at the University of Missouri, told Vox that reinstating recess appointments “would essentially negate one of the Senate’s main roles in running the government, which is vetting the president’s nominations for high-level positions.” “It would, if Senate Republicans were willing to go along with it, represent a sacrifice of sorts; They will only give up what they can afford.”
Trump injected his bid to replace Sen. Mitch McConnell as leader of the Senate, which will remain in GOP control next session thanks to last week’s election results. Trump had largely stayed away from the race during the campaign, but he entered it Sunday. written in x“Any Republican senator must agree to a recess appointment for a desired leadership position in the United States Senate (in the Senate!).”
The three candidates for the position — Sens. John Thune (South Dakota), John Cornyn (Texas), and Rick Scott (Florida) — quickly He supported Trump’s claim. Scott, the underdog in the race who is also Trump’s closest ally of the three, was the clearest in his endorsement of the plan, writing, “100% agree. I will do whatever it takes to get you the nomination as soon as possible.” on x.
What is a vacation appointment and how does it work?
Under normal circumstances, nominees for many government positions, including cabinet secretaries, ambassadors, and federal judges, must undergo a confirmation hearing, during which they are questioned by the Senate about their record, qualifications, and how they will perform their official duties. This process requires a simple majority vote to ensure confirmation.
Vacation appointments work differently and don’t require a vote. The President simply appoints an officer of their choice. The idea behind them was that there might come a time when the President would have to appoint someone to carry on government work, while Congress was out of session (recessed).
“When the Constitution was written, Congress met essentially nine times in 24 months, and there were long stretches where Congress wasn’t in session,” Squire told Vox. As such, the Constitution states that “the President shall have power to fill all vacancies which may occur during the recess of the Senate, by providing for commissions which shall expire at the end of their next session.”
Congressional recesses are not as long as they once were. Now, recesses occur around each congressional session and holidays. Vacation appointments still work the same way. And as the text notes, any appointments made during a recess are not permanent: Presidential appointments during a recess last until the end of that second session, meaning no more than two years. A president can then re-nominate their pick, or re-appoint them during another recess.
How have they been used in the past?
With the exception of Trump and President Joe Biden, recent presidents have used vacation appointments; According to Congressional Research ServiceFormer President Barack Obama made 32 holiday appointments, Bill Clinton made 139 holiday appointments, and George W. Bush made 171 holiday appointments.
Although recess appointments were meant to be used in emergencies or at times when Congress was less frequent, over the past few decades, they have been seen as a way for presidents to antagonize Congress. The process faced major scrutiny during the Obama administration and was scaled back after a 2014 Supreme Court ruling. Obama overstepped his authority Use the nominative leave. (Not so Trump (Or Biden has not made a vacation appointment.)
In an effort to block recess appointments, the Chamber often appoints what is known as a “pro forma” session. These short meetings, in which no real business is conducted, mean the Senate is never in recess for more than 10 days—preventing the president from making any appointments without the body’s consent. A pro forma session can be as simple as a senator entering and then ending the session.
If the holiday appointments are reinstated, Democrats can do little to stop the process, Squire said. But they can slow down legal processes, which “will not necessarily prevent [recess appointments] From happening, however, there will be a penalty – a cost attached to it.”
