How Trump could bypass the US Senate to nominate controversial cabinet nominees – National
As President-elect of the United States Donald Trump decides to establish a more forceful presidency than in his first term, he chooses loyalists for his cabinet and considers a tool known as playtime meeting ignore Senate confirmations, even for some of the most powerful positions in the U.S. government.
Trump demanded over the weekend that Republican leaders in the Senate, who will hold a majority in the chamber next year, agree to allow recess appointments. That would represent a significant shift in Senate power, but Trump returns to Washington with the almost full support of his party, including more traditional Republicans who still hold a sway in the House.
Their commitment, however, is being tested now that Trump has turned to select people outside the mainstream of the Republican Party, like former Reps. Matt Gaetz of Florida and Tulsi Gabbard of Hawaii for the highest positions, as well as noted vaccine skeptic Robert F. Kennedy Jr..
It quickly became clear this week that figures like Gaetz, whom Trump announced as his choice for attorney general, and Kennedy, who was nominated for health secretary, may have difficulty winning majority support in the Senate – even if the Republicans will benefit from a majority of 53 seats. But that may not matter if Trump can resort to recess appointments.
How do playtime meetings take place?
The Senate, as created by the U.S. Constitution, plays an important role in confirming – or rejecting – high-ranking officials such as Cabinet positions, judges and ambassadors. This is part of the government’s checks and balances that ensure the president cannot rule unilaterally. However, there is a clause in the Constitution that allows presidents to fulfill their administrations while the Senate is in recess.
Early in the nation’s history, Congress took months-long recess in Washington, and presidents might resort to recess appointments to prevent an important position from remaining vacant. But more recently, the holiday nomination process has been brought to the fore in partisan fights with the president.
President Bill Clinton made 139 recess appointments and President George W. Bush made 171, but neither used that process for high-level cabinet positions, according to the Congressional Research Service. President Barack Obama tried to maintain the practice, using it 32 times, but a 2014 Supreme Court ruling put a damper on the president’s power to make recess appointments.
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The Supreme Court unanimously ruled that the Senate must be suspended or adjourned for 10 days before a president can make unilateral appointments. This has resulted in a practice where the Senate — even during weeks away from Washington — still holds pro forma sessions in which a senator opens and closes the chamber, but no legislative activity is conducted.
The House also holds some power over recess appointments by refusing to allow the Senate to adjourn.
Why is Trump demanding holiday appointments?
Trump plans to become a much stronger and more forceful president than any of his predecessors.
While still president in 2020, Trump threatened to resort to recess nominations after Democrats slowed Senate confirmation of his nominees. He has threatened to use a presidential power enshrined in the Constitution to adjourn both houses of Congress on “extraordinary occasions” and when there is disagreement between the House and Senate over adjournment.
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 wield his political power and potentially impose the most controversial choices on 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 South Dakota Republican, also isn’t withdrawing nominations during the holidays.
To allow Trump to proceed with the nominations, 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 it. It is also unclear whether such a move would be fully supported by Republican senators.
Would playdates during recess work?
It’s not clear. Gaetz and Gabbard’s announcements this week brought the Senate to life, with some Republican senators recalling the importance of their “advice and consent” role in choosing the president’s Cabinet.
Republican Sen. John Cornyn, who days earlier had suggested he might be willing to allow Trump to make recess appointments after he unsuccessfully ran for Senate leader, told reporters Thursday journalists:
“Obviously, I don’t think we should circumvent the responsibilities of the Senate, but I think it’s premature to talk about recess appointments at this time.
Yet there remain very few, if any, Republicans who dare openly challenge Trump. Republican senators plan to begin hearings on Trump’s Cabinet nominees when the new Congress opens on January 3.
© 2024 The Canadian Press
