Should the MAGA Senate support Trump's demand for bypassing the "advise & consent" role of the Senate by just making & renewing recess appointments?

[DrPepper12]

President-elect Donald Trump has called for MAGA Senate to allow recess appointments as they elect a new majority leader. Here's what this means:

Recess Appointments

A recess appointment is a temporary appointment made by the president to fill a federal position when the Senate is in recess. This power allows the president to bypass the normal Senate confirmation process for certain appointments.

Key points:

Recess appointments are temporary, expiring at the end of the next Senate session.

They can last up to almost two years if made early in a Senate session.

SCOTUS has ruled that the Senate must be in recess at least 10 days for recess appointments to be valid.

Trump's Demands

Trump argues that w/o recess appointments, his nominees won't be confirmed in a timely manner. He's demanding that any of the 3 candidate for Senate majority leader agree to allow recess appointments.

This request is controversial because:

It bypasses the Senate's constitutional role in confirming nominees.

It could allow the installation of potentially unqualified appointees.

It will weaken the system of checks and balances.

Senate Response

All 3 candidates for MAGA Senate leader (John Thune, John Cornyn, and Rick Scott) expressed support for Trump's demand. However, this stance could face opposition from other Senators concerned about preserving the Senate's constitutional role.

Recent decline:

Neither Donald Trump nor Joe Biden had used recess appointments as of 2020, following a 2014 Supreme Court decision that limited the power.

Supreme Court ruling:

In 2014, the Supreme Court held that the President may ONLY use the recess appointment power during recesses of 10 days or longer, except in very unusual circumstances.

Overall, while recess appointments were once a common practice, their use has become more controversial and limited in recent years due to changes in congressional schedules and legal rulings.

Yes. He can & should ASK for recess appointments.

No. It violates the 'spirit of the law".

No. The Senate should bipartisanly reject this to preserve their own power.

No. The optics are bad enough

No. It sets up dangerous precedents & neuters Senate.

No for all reasons 2-5 above. GTFOH with that noise!

[AviatorTom]

I can see the possible need for recess appointments but the temporary time is too long. I suggest the President can make a recess appointment, subject to SCOTUS's 10-day rule, but the Senate must vote on that person's permanent appointment within 3 months after the recess appointment; failure to do hold a vote (Approve/Disapprove) makes the appointment permanent. Of course, the Senate could vote to disapprove the appointment, which immediately removes that person from the position.

This would make it kind of like the veto and pocket veto power of the President w/r/t proposed laws passed by Congress.

[DrPepper12]

That's a really good plan!! 👍🏻

[sawno]

I don't know about that one, i'm kinda surprised the senate even gets to pick those that's not a liberty my elected representatives have. I do fear he's going to get purposefully stalled or good picks denied if that is the case, but at the same time removing a layer of democracy isn't something I encourage.

[lightbulb27]

Government is important. It would seem important to show up for work too. How long is the recess?

I'd grant authority if recess is excessive...

[DryGermanGuy]

From what I understand, a real recess doesn’t exist anymore, therefore no recess appointments. The whole idea fails before it starts.

[DrPepper12]

Yeah but trump demanded in and the possible majority leaders said yes

[Juxtapose]

Yeah no, the partisanship is too high and people are just going to blindly block him from appointing people for the sake of blocking him from apointing people.

Trump has the right idea.

[DrPepper12]

Even by taking away a legislative check on the executive?

[Juxtapose]

"In 2014, the Supreme Court held that the President may ONLY use the recess appointment power during recesses of 10 days or longer, except in very unusual circumstances."

These are very unusual circumstances. I'd say that qualifies.

[DrPepper12]

Not buying it and I wouldn't want a Democratic president to have that unchecked ability either except for extraordinary circumstances. This is not extraordinary

[Juxtapose]

Well I don't really care if you buy it because I don't agree with you. He has had multiple attempts on his life and his opposition is going to Stonewall him like they will get their balls electrocuted if they don't.

[exitseven]

It looks like recess appointments are a real thing so If he wants some he should be able to do it. He does not want democrats slow walking confirmations.

[Dongie]

He's bypassing the obvious attempt to clog up due processes. They're not going to have things as easy to monkey wrench him this time around.

[DrPepper12]

It's a shitty precedent.

[DrPepper12]

I wouldn't want any president from any side of the aisle to have this power.

[Dongie]

Are you sure?

[DrPepper12]

Yeah. I'm the one who even thinks a line item veto was absolutely bullshit. That's too much power

[RedInnocent69]

No, they shouldn’t. But they will. And one day, perhaps as soon as the midterms, they will lose and wonder what happened… What goes around comes around.