5 takeaways: Why Trump wants to use 'recess appointments' to bypass Senate approval
President-elect Donald Trump has made a flurry of picks for his cabinet and other high-ranking administration positions following his election victory.
Supporters and critics alike have clung to the edge of their seats as Trump tapped Florida's former Rep. Matt Gaetz as attorney general, South Dakota Governor Kristi Noem to lead Homeland Security, and Elon Musk and Vivek Ramaswamy as heads of the Department of Government Efficiency.
The president-elect, whose selections have sparked intense controversy—particularly Gaetz—wants the Senate to use "recess appointments" to bypass initial chamber approval and quickly implement his choices.
Here are five things to know about this parliamentary procedure:
What are recess appointments?
1. Recess appointments don't require a Senate vote
Recess appointments are when the president appoints a federal official while the U.S. Senate is in recess.
Various presidential appointments must be approved by the Senate and go through a hearing before being confirmed in the role. During this hearing, nominees can be questioned about their background, qualifications and policies. Then, the nominee must receive a majority vote to be approved.
In recess appointments, the president is able to bypass this process as the Senate is in recess, or on a break from proceedings.
2. Recess appointments are written in the Constitution
The Recess Appointments Clause in the U.S. Constitution allows the president to make temporary appointments while the Senate is not in session.
The clause, in Article II, Section 2, Clause 3, states, "The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session."
3. Recess appointments are only temporary
As stated in the Constitution, recess appointments are only temporary and expire at the end of the Senate's next session.
If a president makes an appointment during a session, in an intrasession recess, the appointee will assume the role for the rest of the ongoing session as well as the next full session. This can cause a recess appointment to last for about two years, according to the Congressional Research Service.
Once the appointment expires, officials can be renominated by the president and seek congressional approval or be reappointed during another recess.
4. Senate must be in recess 10 days or longer before an appointment
In 2012, President Barack Obama appointed Sharon Block, Richard Griffin and Terence Flynn to the National Labor Relations Board (NLRB) three days in between "pro forma" sessions and without Senate confirmation.
Two years later, in NLRB v. Canning, the U.S. Supreme Court ruled that Obama's appointments were unconstitutional. Additionally, the court held that recess appointments can only be made during a recess of 10 days or longer.
5. Trump has long rallied for recess appointments
During Trump's first term, the Republican president became frustrated with Congress, claiming that "pro forma" sessions, or brief sessions of the Senate or House during which business is not usually conducted, were preventing him from making recess appointments.
In 2020, Trump threatened to deploy a never-before-used authority to force Congress to adjourn, allowing him to make appointments without Senate approval, according to Reuters.
In 2024, the president-elect has been very vocal about his intention to use recess appointments in his next term.
South Dakota Sen. John Thune, elected as the Republican Senate Leader on Wednesday, stated on X, formerly Twitter, that time is of the essence in approving Cabinet positions.
"We must act quickly and decisively to get the president’s nominees in place as soon as possible, & all options are on the table to make that happen, including recess appointments. We cannot let Schumer and Senate Dems block the will of the American people."
Ashley Ferrer is a journalist at The Palm Beach Post, part of the Paste BN Florida Network. Help support our journalism. Subscribe today.