Donald Trump's extreme administration picks may face an uphill Senate confirmation battle, but they could be forced in through recess appointments.
Matt Gaetz shakes hands with Donald Trump during a rally at the Banks County Dragway on March 26, 2022 in Commerce, Georgia.has followed up his election win earlier this month by tapping a series of devout loyalists, conspiracy theorists, and zealots to occupy the highest ranks of the federal government.
The Appointments Clause of the Constitution holds that the president has the authority to “nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States.” In some cases, particularly those involving lower-ranking appointments or military promotions, committees will refer large dockets of nominations for confirmation in order to expedite the process.
In order to remedy this, the framers added a provision granting the president a limited exception to the “advice and consent” role of the Senate in confirming appointments. Article II, Section 2, Clause 3 of the Constitution provides the president the authority 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.
“Any Republican Senator seeking the coveted LEADERSHIP position in the United States Senate must agree to Recess Appointments , without which we will not be able to get people confirmed in a timely manner,” heAll three candidates vying to replace McConnell — Sen. John Thune , Sen. John Cornyn , and Sen. Rick Scott — indicated that they would be open to the use of recess appointments in order to ram through Trump’s nominees.
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