5 things to know: What are recess appointments? Trump wants them to bypass Senate approval
Over the past week, President-elect Donald J. Trump has garnered quite a bit of attention with Cabinet picks for his coming administration.
Supporters and critics alike have clung to the edge of their seats as Trump tapped the shoulders of Florida Sen. Marco Rubio, U.S. Matt Gaetz and South Dakota Gov. Kristi Noem, and announced the launch of the Department of Government Efficiency led by Tesla CEO Elon Musk and American entrepreneur Vivek Ramaswamy.
With some of his selections sparking controversy, Trump has also been coming in hot on his desire to use "recess appointments" to bypass Senate approval and quickly put his choices in place. The president-elect is even encouraging the Senate leadership to put the chamber in recess so that he can make the appointments.
Don't know what those are? Here are five things to know about recess appointments:
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."
That way, the newly-formed government could continue functioning amidst months-long recesses in a time of limited methods of travel and communication. This reasoning could explain the lack of debate and pushback when adopted by the Constitutional Convention, according to History.com.
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.
Republican senators seeking the leadership position, including Trump ally Florida Sen. Rick Scott, quickly replied to the post in agreement.
South Dakota Sen. John Thune, who was elected Republican Senate Leader on Nov. 13, also responded via X.
Ashley Ferrer is a journalist at The Palm Beach Post, part of the Paste BN Florida Network. Help support our journalism. Subscribe today.