Donald Trump said over the weekend that he wants the Senate to approve his bill. break time appointment, constitutional provisions It allows the president to bypass the Senate’s advice and consent function to implement his choices without a Senate vote.
“Any Republican senator who wants a coveted leadership position in the United States Senate must agree to a recess appointment (in the Senate!) or they will not be able to get confirmed by the people in a timely manner,” Trump said. wrote In a post about This is what they did four years ago and we cannot allow this to happen again. We need to fill the seats immediately!”
Trump doesn’t need to make any recess appointments.
First, the recess appointments must be for temporary appointments, not full-fledged Cabinet members, as President Trump has demanded.
Alexander Hamilton wrote: Federalist 67 A recess appointment “is nothing more than a supplement to make a temporary appointment during the recess of the Senate by granting a commission expiring at the close of the next session.”
Second, the Republican Party multitude Trump needs at least 52 votes to take office. Senate nominees require simple majority consent after Senate confirmation. reject Filibuster for presidential candidates. That’s why the Republican Party should be able to do it They could pass Trump’s pick no matter how many defectors there are from his own party.
So the fact that Trump is asking the Senate to allow a recess appointment is likely a sign that he knows his options are: It’s too extreme Even the Republican Senate won’t confirm it.
For example, Trump said Robert F. Kennedy Jr. A leader in national health—It’s a scary prospect for Kennedy. anti-vaxxer He also wants to remove fluoride from the country’s water systems. cavities and infections To children.
Trump is also eyeing Kash Patel to head the CIA, NBC News reported. reported. Patel is Conspiracy theorist and MAGA loyalist Who wants to shut down the FBI? target Anyone involved in the investigation into Trump’s collusion with Russia during the 2016 election campaign.
Three Senate Republicans Running to replace Mitch McConnell The leaders were quick to say they all supported Trump’s promise to recess. This bodes poorly for anyone who hopes the Senate will serve as a bulwark against Trump’s authoritarian impulses.
Florida Sen. Rick Scott, seen as the right candidate for the role, was the first to come out of the gates to support Trump. writing X: “I agree 100%. We will do our best to complete nominations as quickly as possible.”
Texas Sen. John Cornyn suggested a recess appointment would not be his first route, but expressed openness to allowing it.
“It is unacceptable for senators to block the president. @realDonaldTrump Cabinet appointments. If so, we will continue the sessions, including on weekends, until they calm down,” he said. Posted on X. “Furthermore, the Constitution expressly grants the President the power to make recess appointments.”
and South Dakota Senator John Thune; main competitors To replace McConnell, he suggested he would be okay with the recess.
“We must act quickly and decisively to get the presidential nominee in place as quickly as possible, and all options are on the table to make that happen, including a promise to recess.” he wrote X: We cannot allow Schumer and Senate Democrats to block the will of the American people.”
Even if Trump wanted to promise a recess, it’s unclear whether he would be able to.
supreme court Ruled in 2014 The Senate must be in true recess for 10 days for the president to make a recess appointment.
“Of course, now that Congress operates virtually year-round, the promise-to-recess clause has become almost anachronistic.” Legal expert Steve Vladeck wrote In an article examining whether Trump can truly deliver on his promise to recess. “The last time both chambers adjourned before mid-December was in 2002. Instead, the Senate began using ‘anticipatory’ sessions in the mid-2000s, at least in part to prevent President George W. Bush from committing to a recess.” .”
However, considering that the current Supreme Court ruled that President Trump was above the lawNever pass up changing the rules to allow Trump to have his way.
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