What Are Recess Appointments and Why Trump Might Use Them

On Thursday, November 14th, discussions intensified about President-elect Donald Trump’s potential use of recess appointments to bypass Senate confirmation for key administrative roles. Recess appointments allow a president to unilaterally fill positions when Congress is not in session, a power derived from the U.S. Constitution intended to address urgent vacancies.

The process, initially meant for emergencies when Congress met infrequently, has evolved into a tool for presidents to bypass lengthy and contentious Senate confirmation hearings. These temporary appointments expire at the end of the next congressional session, giving appointees up to a year in office. Trump’s recent comments highlighted his intention to use this mechanism to ensure swift appointments, citing past delays in confirmations during his first term.

Recess appointments have been a common strategy for presidents facing opposition in Congress. Historically, George W. Bush made 171 such appointments, Bill Clinton 139, and Barack Obama 32. However, the practice faced limitations after a 2014 Supreme Court ruling against Obama’s recess appointments, which deemed them unconstitutional when the Senate was holding pro forma sessions.

Trump’s renewed interest in recess appointments stems from his plans to appoint controversial figures like Congressman Matt Gaetz as attorney general. Gaetz, facing opposition from both parties, exemplifies the type of nominee likely to encounter delays or rejections during Senate hearings. Trump’s ability to maneuver around the confirmation process could expedite his administration’s setup.

To execute recess appointments, Trump has two constitutional pathways: either the Senate agrees to a recess of 10 days or more, or Trump invokes his authority to adjourn Congress if the House and Senate disagree on a recess duration. While the latter has never been used, Trump previously threatened this option during his first term in 2020.

Critics argue that recess appointments undermine the Senate’s constitutional role in providing advice and consent, potentially allowing unqualified nominees to serve temporarily. Trump’s reliance on this mechanism underscores the tensions between his administration and Congress, setting the stage for a contentious start to his second term.