Donald Trump’s suggestion that the Senate should recess to allow his top nominees to take office without confirmation votes poses a serious threat to the constitutional responsibilities of the Senate. This approach would risk placing unqualified individuals in key government roles, undermining the effectiveness of the U.S. government.
While the Senate’s constitutional duty is to carefully review and approve presidential appointees, Trump’s concern about the delays in confirming his nominees is not without merit. The current process is inefficient, often leaving critical positions vacant for extended periods, which hinders the proper functioning of essential government sectors such as national security, health, and public safety.
The confirmation system has become increasingly dysfunctional, with the Senate often taking too long to evaluate and vote on nominees. This problem has worsened over the years, leading to important positions remaining unfilled for long stretches.
Trump’s suggestion to bypass Senate confirmations threatens the constitutional responsibilities of government
Since 1960, the number of political appointees requiring Senate confirmation has risen by more than 70%, and the average time taken to confirm a nominee has nearly quadrupled since the Reagan administration. As of August 2024, President Biden’s nominees were taking an average of 191 days to be confirmed.
The Senate itself is being strained by this broken system. A growing portion of Senate votes now focuses on nominations rather than legislation. In fact, votes on personnel matters accounted for 64% of all recorded votes during Trump’s first term and 59% during Biden’s presidency by August 2024. This trend reveals the inefficient and overwhelming nature of the current confirmation process.
Additionally, many important roles remain vacant for years simply because there isn’t enough time to fill them. My organization found that over 80 positions remained vacant more than 50% of the time between 2009 and 2023. This backlog creates a situation where the president and Senate cannot adequately address the growing number of critical appointments.
The current system encourages administrations to bypass the Senate entirely, often appointing temporary, non-confirmed officials. In some cases, recess appointments are used, typically after nominees have been stuck in the Senate confirmation process.
Allowing Trump’s suggested recess appointments would not serve the nation’s best interests. These appointments would bypass essential background checks, including FBI investigations and reviews by the Office of Government Ethics.
This would deny the Senate the chance to assess whether nominees are genuinely committed to public service or merely serving private interests, while also preventing a thorough evaluation of their capacity to lead large government agencies.
Instead of sidestepping these responsibilities, the Senate must take action to restore the process established by the Constitution, which provides for presidential nominations followed by Senate review and approval.
To improve the system, senators should start by reducing the number of positions requiring confirmation. Focusing on the most critical positions that require Senate oversight would allow the chamber to maintain its advisory role while easing the burden of confirmation on less pivotal roles. This would also make it easier for the president to appoint individuals to other positions without undue delay.
Additionally, procedural reforms are necessary to ensure that a single senator cannot block the confirmation process. The Senate majority leader could streamline nominations by allowing groups of nominees to be voted on together, reducing the time spent on individual votes. Further improvements could include simplifying nominee paperwork, as proposed by a bipartisan group over ten years ago.
The Senate should also reconsider the rule that returns nominations to the president if the Senate adjourns for more than 30 days. This rule, which dates back to 1868, causes delays, especially for nominees who have already been vetted by Senate committees. The Senate could modify this rule to limit its application to the end of the two-year session or require a higher threshold of senators to block a waiver.
As Alexander Hamilton emphasized in the Federalist Papers, the Senate’s role in confirming nominees serves as a safeguard against the appointment of unqualified individuals, ensuring that public interests are prioritized over private ones.
This principle remains just as relevant today as it was in the 18th century. Reforming the current confirmation process is essential for ensuring the public good. Any attempts to bypass this system will only undermine it.
