Republicans Will Not Agree to Recess Appointments

John Thune announced on the 14th that President Trump could use recess appointments to fill the cabinet if the Senate tries to stop his picks. “All options are on the table, including recess appointments. Hopefully, it doesn’t get to that.”

Things are coming to a head.

Senate leader John Thune said today that there are not enough votes to pass a recess, which would have allowed Trump’s appointments to take their post without a hearing.

Gaetz and the others will have to go in front of committees and be grilled. If they are appointed, it will be after Democrats and some Republicans damage their reputations. It’s not what Democrats would have done. In fact, they promised they would end the filibuster.

Hearings will delay the appointments.

Donald Trump can allegedly suspend the Senate and call his recess appointments.

Watch:

The Legal Process for Circumventing the Senate

According to CBS, the legal basis for recess appointments emanates from a constitutional clause that gives the president “the power to fill up all vacancies that may happen during the recess of the Senate.” A Supreme Court ruling in 2014 concluded that recess appointments could only be made when the Senate is not in session for ten or more days after President Barack Obama made controversial appointments when senators were on break.

For Trump to make recess appointments, the Senate would have to agree, through a simple majority vote, to go on recess for at least 10 days. The House must also agree to allow the Senate to adjourn, but Chafetz says if the House does not agree, or if it disagrees with the Senate on the length of adjournment, then the president has the constitutional power to adjourn both chambers for a timeframe of his choosing, CBS reports.

“That second route has never been used before in U.S. history, so no one is quite sure how it would work,” Chafetz said.

A recess appointment, however, does not have the same benefits as a nominee confirmed by the Senate. Without Senate approval, the appointee would not be paid. Depending on when the appointment was made, the appointee can serve in the role for up to two years. After that, the individual could be installed again through a recess appointment or the regular confirmation process.

The Senators don’t want to give up their power. For instance, Sen. Collins thinks her advice and consent is essential.

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