Republican senators are rejecting the notion that President-elect Trump could push the Senate into an extended recess next year in order to bypass the confirmation process for key Cabinet positions. They argue that Trump’s allies are mistaken in believing the president can use his constitutional authority to force such a recess under Article 2, Section 3.
Many GOP senators and aides believe this idea reveals a misunderstanding of how Congress operates. They caution that attempting to force a prolonged recess would violate the constitutional separation of powers. If Trump tried to suspend Senate activities for 10 days or longer to avoid the chamber’s duty to provide “advice and consent” on executive appointments, it would set a dangerous precedent.
Senate Republicans warn against setting a dangerous precedent on recess authority
Sen. John Cornyn (R-Texas), a senior member of the Judiciary Committee, expressed doubts about the president’s authority to force a Senate recess. He stressed that the doctrine of separation of powers is fundamental to U.S. governance, and one branch cannot commandeer another. “The outcome would be that one branch can’t just control the others,” Cornyn said.
Several of Trump’s Cabinet nominations have already stirred opposition from Senate Republicans. This includes former Rep. Matt Gaetz (R-Fla.), who withdrew from consideration for attorney general despite se*xual misconduct allegations. The controversy surrounding his candidacy highlights ongoing divisions within the GOP over certain appointments.
Sen. Mike Rounds (R-S.D.) suggested that forcing the Senate into an extended recess would be “extremely difficult.” He noted that such a move would require majority support in the Senate, which he believes is unlikely, given the political complexity.
The debate over a long recess has been fueled by a 2014 Supreme Court ruling, which stipulated that a recess lasting at least 10 days would allow the president to make emergency appointments without Senate confirmation. Rounds speculated that Trump’s allies might be using the threat of a recess to leverage support from senators wary of opposing his controversial picks.
Sen. Rounds further warned that forcing a recess could backfire, especially as Senate Democrats, now in the minority, could retaliate by stalling legislative business. He pointed to recent disruptions in Senate proceedings when conservative senators forced Majority Leader Chuck Schumer to hold numerous votes before switching between legislative and executive sessions.
Sen. James Lankford (R-Okla.) acknowledged that the possibility of forcing a recess is a topic of discussion, but he expressed skepticism about its feasibility. He doubted that the Supreme Court would uphold such a move, given the constitutional implications.
The constitutional principle of separation of powers divides the responsibilities of government among the executive, legislative, and judicial branches, ensuring that no single branch oversteps its bounds. Some Trump supporters have suggested that if a disagreement arises between the Senate and House over the length of a recess, the president could intervene, citing Article 2, Section 3.
Some believe that if the House passes a resolution calling for a recess and the Senate refuses to concur, the president could step in to declare a recess. However, a Senate Republican who wished to remain anonymous dismissed this as unlikely. The lawmaker argued that it would take a massive breakdown in Republican unity to reach this point, and at the end, it would be more efficient to work together to confirm nominees quickly.
Senate aides and experts also contend that a simple failure to act on a House-passed recess resolution would not constitute a constitutional disagreement requiring presidential intervention. Instead, the Senate would have to actively pass a conflicting recess resolution to trigger such a dispute.
James Wallner, a former Senate GOP aide, explained that for the Senate to engage in legislative conference, it must formally disagree with the House over legislation. Merely withholding action does not create a disagreement.
Trump has long pushed for the next Senate majority leader to grant him the power to make recess appointments. Following his election win, he demanded that Republicans in leadership positions agree to this in order to expedite confirmation of his nominees. Senators vying for the leadership role, including Thune, Cornyn, and Rick Scott, pledged their support for fast-tracking Trump’s picks.
However, Thune, who eventually secured the position of Senate majority leader, later tempered expectations. While he acknowledged that forcing a recess was an option, he cautioned that Republicans who oppose certain nominees would be reluctant to support such a strategy. He noted, “You’d need all Republicans to vote for a recess, but many may not be willing to do so if they disagree with the president’s picks.”
