Trump's Recess-Appointment Scheme - WSJ Editorial
Republicans regained the U.S. Senate last week with a decent majority, 53 seats, so it was strange the other day when President-elect Trump issued a pre-emptive demand that his own party let him make recess appointments, without which we will not be able to get people confirmed in a timely manner. Its easier to make sense of this brainstorm now that Mr. Trump says his nominee for Attorney General is the regrettable Rep. Matt Gaetz.
The Constitution restrains the Presidents appointments by giving the Senate the power to confirm, or not, his nominees. Hamilton in Federalist No. 76 writes that this provides an excellent check upon a spirit of favoritism in the President, and would tend greatly to prevent the appointment of unfit characters. If Mr. Gaetz is nominated, Republican Senators would think hard about voting no. Hence, Mr. Trumps interest in bypassing them.
Because the Founders had to travel to and from the national capital by horse, they also granted the President the power to fill up all Vacancies that may happen during the Recess of the Senate. Such appointments are temporary but can last about two years. The point was to prevent the President from being left short-handed. Until the beginning of the 20th century, according to the Congressional Research Service, the Senate was, on average, in session less than half the year.
Mr. Trump seems to be asking Republicans to help him exploit this exception by making it into the rule for presidential nominees. We need positions filled IMMEDIATELY! he posted on Truth Social. The prospect is that Mr. Trump might try to bully the Senate to go into a recess, so he can unilaterally make Mr. Gaetz the Attorney General, maybe until the end of 2026. He could fill other vacancies across the federal government in the same way, with no need for confirmation hearings or votes.
The idea is anti-constitutional, and it would eliminate one of the basic checks on power that the Founders built into the American system of government
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https://www.wsj.com/opinion/donald-trump-recess-appointments-senate-confirmation-matt-gaetz-ce5f8873?st=YxYWf5&reflink=desktopwebshare_permalink
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