Staff Reports
Republicans are gearing up to take control of the White House and both congressional chambers come January, but it appears President-elect Donald Trump is looking to shake things up when it comes to filling his Cabinet. The strategy of appointing loyalists has ignited potential clashes with the Senate, given their constitutionally mandated role in the “advice and consent” process regarding presidential nominees. This power struggle could lead to quite the political spectacle.
In a bold move, Trump and his GOP allies are considering bypassing the Senate entirely by using temporary recess appointments. These types of appointments last for a maximum of two years, and while it may seem like a clever workaround, it could land the issue in front of the Supreme Court. The idea of claiming some uncharted territory in presidential power, specifically forcing the Senate into recess if it refuses to cooperate, is certainly ambitious. After all, who wouldn’t want to challenge the Senate if they could?
Recess appointments could put Trump at odds with conservatives on the Supreme Courthttps://t.co/CtMV19DcaS pic.twitter.com/D6y9wsaGPZ
— The Washington Times (@WashTimes) December 1, 2024
The Supreme Court has weighed in on recess appointments before but delivered a rather limited ruling back in 2014. In a unanimous decision, the justices determined that Barack Obama’s recess appointments were, in fact, illegal. However, the justices were split on the implications of that ruling. Scalia and his camp argued that only true recesses between the annual sessions of Congress should count, while others allowed for a broader interpretation. This confusion could spell trouble for Trump if he tries to pull a fast one on the Senate once he assumes office.
Trump’s Supreme Court appointments have made the bench more conservative than it was back in 2014, but this doesn’t guarantee a favorable outcome for any future recess appointment cases. While the recent appointments by Trump have equipped the court with a conservative majority, jurists like Gorsuch, Kavanaugh, and Barrett haven’t had the chance to tackle issues surrounding recess appointments yet, leaving the door open for potential surprises. Given the court’s history of treating precedents with some reverence, any claims of newfound power to make recess appointments might be met with caution.
The constitutional provision in question is a little-known clause that could empower Trump to force congressional adjournments. Section 3 of Article II suggests that if the Senate and House cannot agree on when to adjourn, the president has the authority to step in. Yet even this potential trump card is not without its drawbacks. Legal scholars, even among conservatives, question whether this provision can truly be invoked unilaterally. The tug-of-war between chambers over adjournment proves how convoluted the whole process can get, further complicating Trump’s game plan.
As the clock ticks down to inauguration, Trump’s maneuvering hints at potential upheaval in the Senate confirmation process. While certain recess appointments have been historically accepted, like those of Chief Justice Earl Warren or Federal Reserve Chairman Alan Greenspan, the legal landscape has shifted considerably since then. If Trump attempts to circumvent the Senate, it could lead to legal battles that not only delay his Cabinet but could also reshape the understanding of presidential powers alongside congressional conduct for years to come.
