What are recess appointments and how can Donald Trump use them to fill his cabinet?

WASHINGTON – As President-elect Donald Trump he intends to establish a more decisive presidency than in his first term, is selecting loyalists for his cabinet and is considering using a tool called recess appointments to bypass Senate confirmation of even some of the most powerful positions in the U.S. government.

Trump demanded that Senate Republican leaders, who will have a majority in the chamber next year, agree to the nominations during the recess. It would be a significant shift of power away from the Senate, but Trump returns to Washington with the almost complete support of his party, including the more established Republicans who still hold power in the chamber.

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

It quickly became clear last week that people like Gaetz, whom Trump announced as his pick for attorney general, could emerge in May fight for majority support from the Senate, even though Republicans will like it a majority of 53 seats. But that may not matter if Trump is able to take advantage of free meetings.

How do halftime meetings work?

The Senate, established by the U.S. Constitution, plays an critical role in confirming – or rejecting – high-level officials such as government positions, judges and ambassadors. This is part of the government’s checks and balances that ensure the president cannot rule unilaterally. However, the Constitution includes a clause that allows presidents to supplement their administrations while the Senate is in recess.

» READ MORE: Who has Trump chosen for his cabinet and administration so far? Current list.

Early in the nation’s history, Congress took months of recess in Washington, and presidents could use recess appointments to avoid leaving an critical position vacant. Recently, however, the recess appointment process has been the subject of partisan fighting with the president.

According to the Congressional Research Service, President Bill Clinton made 139 recess appointments and President George W. Bush made 171, although neither used the procedure for top-level government positions. President Barack Obama tried to continue this practice, using it 32 times, but a Supreme Court ruling from 2014 check the president’s authority to schedule meetings during breaks.

The Supreme Court unanimously ruled that the Senate must adjourn for 10 days before the president can make a unilateral nomination. This has resulted in a practice whereby the Senate – even during week-long recesses in Washington – continues to hold pro forma sessions, during which one senator opens and closes the chamber, but no legislative work is conducted.

The House also has some power over nominations during recesses, refusing to let the Senate adjourn.

Why is Trump demanding halftime meetings?

Trump dreams of becoming a president much stronger and more powerful than anyone before him.

While still president in 2020, Trump threatened to use recess nominations after Democrats slowed the Senate in confirming his nominees. He threatened to use the president’s powers in the Constitution to adjourn both houses of Congress on “extraordinary occasions” and in the absence of an agreement between the House and Senate to adjourn.

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 a recess appointment allows Trump to flex his political power and potentially make even the most controversial decisions about his administration.

Sen. John Thune, who was elected as the next Senate majority leader this week, promises to maintain an “aggressive schedule until his nomination is confirmed.” Thune, a Republican from South Dakota, also doesn’t skip meetings during the break.

For Trump to make the nomination, Republican senators would have to pass a request to adjourn with a elementary majority, though Democrats would likely do everything in their power to prevent that. It’s also unclear whether such a move would receive the full support of GOP senators.

Will break meetings work?

It’s not clear. Gaetz and Gabbard’s announcements galvanized the Senate, with some GOP senators reiterating the importance of their “advice and consent” role in selecting the president’s Cabinet.

Republican Sen. John Cornyn, who just days earlier suggested he might be open to allowing Trump to make nominations during the break following his unsuccessful run for Senate president, told reporters on Thursday: “I certainly don’t think we should bypass the responsibilities of the Senate, but I do think that it is too early to talk about meetings during the break now.

Still, there are very few, if any, Republicans left who dare to openly oppose Trump. Republican Party senators plan to begin questioning candidates for Trump’s cabinet as soon as the recent Congress begins on January 3.