A president’s early days in office often focus on advancing a clear policy agenda, supported by a team of capable officials who can pass the difficulties of Congress and the federal bureaucracy. President-elect Donald Trump’s previous term showed him that one of the biggest obstacles to achieving his goals was a lack of the right people in key positions, at the right times.
The challenges of personnel turnover and internal conflicts made it clear to Trump that he needed to prioritize appointments from the outset. Loyal administration officials play a critical role in realizing a president’s vision. In his previous term, Trump appeared to recognize these lessons too late to save crucial parts of his policy agenda.
Senator Rick Scott supports Trump’s push for recess appointments to streamline the nomination process
During his presidency, Trump faced difficulties with some of his Senate-confirmed Cabinet secretaries, which led him to explore alternatives such as using the Federal Vacancies Reform Act to appoint acting secretaries without full legal authority.
At one point, in April 2020, he even considered using his recess appointment powers to fill vacant positions unilaterally. However, since the House and Senate had already agreed on a firm adjournment date of January 3, 2021, Trump’s plan to invoke this power was thwarted by the lack of a true recess.
Despite this setback, Trump’s interest in recess appointments remained strong. Last Sunday, he reiterated on Truth Social that any Republican senator seeking a leadership role in the Senate must support the use of recess appointments to expedite the confirmation of his nominees.
Senator Rick Scott (R-Fla.), one of the contenders for Senate majority leader, was quick to endorse Trump’s proposal, fully supporting the idea. Senators John Thune (R-S.D.) and John Cornyn (R-Texas), the other two candidates for the position, followed suit, signaling their agreement to help speed up the confirmation process for key administration officials.
Although Trump did not publicly back any particular candidate for Senate leader, Thune emerged victorious in the leadership vote on Wednesday, securing the position after a second ballot.
The Constitution grants the president the power to appoint key officials with the Senate’s consent, as outlined in Article II, section 2, clause 2. This includes ambassadors, judges, and other officers of the United States. Trump’s strategy aims to bypass the lengthy process of securing Senate confirmation, which typically involves background checks, committee hearings, and debates before final approval.
However, the president can also take advantage of recess appointments as detailed in Article II, section 2, clause 3, which allows the president to fill vacancies during Senate recesses, with the appointments expiring at the end of the next session.
In 2007, Senate Democrats, led by Majority Leader Harry Reid (D-Nev.), adopted a tactic of holding pro forma sessions every fourth day to block President George W. Bush from making recess appointments.
The Constitution specifies that neither house can adjourn for more than three days without the consent of the other, and such motions are subject to filibuster in the Senate, requiring a 60-vote majority to end debate.
This pro forma strategy has remained in place, regardless of which party controls the Senate. Given that the Senate Republicans hold only 53 seats, it will be challenging for Trump and his allies to ensure that sufficient time is available for recesses, allowing for recess appointments.
Changing Senate rules to facilitate these appointments would only require a majority vote, but such a move would likely face a filibuster challenge, requiring a cloture vote to break the filibuster. Unlike the House, the Senate’s rules do not reset at the beginning of each Congress, as it is a “continuing body,” meaning its rules carry over unless amended.
Historically, the Senate has prided itself on being the most deliberative legislative body in the world, but over time, it has become less focused on deliberation and more inclined to accommodate the preferences of the president.
