The Constitution gives the president the power to make appointments without Senate approval during a recess, a loophole that was originally designed when travel was slow and it was hard to get senators to meetings.
Back then, if there was an urgent need to fill a position, the president could act without waiting for Congress to meet again. While this was meant to be a backup plan for when the Senate was out of session for weeks or months, presidents today still sometimes use it, even though we no longer rely on horses for travel.
President-elect Donald Trump is aiming to use this power to quickly fill positions in his administration. He’s made it clear that he wants the ability to bypass the Senate to install his cabinet members and other important appointees.
This move has raised some eyebrows, even among fellow Republicans. For instance, some are concerned about Trump’s pick of former Representative Matt Gaetz, a controversial figure, for attorney general.
Trump might try to force the Senate to take a break, even though not all senators are on board with that idea. He could push for a constitutional clause that’s never really been tested before, potentially leading to a legal battle that could end up before the Supreme Court.
Here’s how recess appointments work: The Constitution says the president needs Senate approval for most appointments, but it also has a provision that allows the president to make appointments during a recess.
This was a practical solution back when the Senate could be out of session for a long time, and the president needed to fill vacancies quickly. Today, presidents still use this power, though it’s usually for lower-level positions.
Past presidents, like Bill Clinton and George W. Bush, have used recess appointments, but they didn’t use it for cabinet members the way Trump might.
These appointments aren’t permanent; the person chosen can only serve until the end of the next congressional session, and there are some limits on how much they can be paid.
One thing to note is that while the House and Senate take long breaks, they rarely stay out of session long enough for recess appointments to happen.
The chambers do something called “pro forma sessions,” where they technically meet for just a few minutes every few days, which prevents the president from making appointments during these short breaks.
In 2014, the Supreme Court ruled that President Obama couldn’t make recess appointments during these brief sessions, saying they were too short to count as a true recess.
Trump could try to force the Senate into a longer break, using a clause in the Constitution that allows the president to adjourn Congress under certain circumstances. However, no president has ever tried this before, and it’s a tricky move.
If Trump went ahead with it, Democrats would likely challenge him, and the issue could end up in front of the Supreme Court. This would probably take a long time to sort out, meaning a controversial appointee like Gaetz could be in charge for months or even years while the case is debated.
So, while it’s not clear how this will play out, Trump’s plan to use recess appointments could spark a major legal and political fight.
