What are recess appointments and why does Trump want to use them?

President-elect Donald Trump has said he wants to use recess appointments to fill his Cabinet, a move that would bypass the Senate confirmation process for some of the most powerful positions in U.S. government.

Over the weekend, Trump said he expects Republican leaders in the Senate to allow recess appointments when he takes office next year, potentially taking away the Senate’s role in confirming or rejecting high-level officials in the Trump administration. 

U.S. President-elect Donald Trump speaks at a House Republicans Conference meeting at the Hyatt Regency on Capitol Hill on November 13, 2024 in Washington, DC. (Photo by Allison Robbert-Pool/Getty Images)

What are recess appointments?

The Senate, according to the U.S. Constitution, plays an important role in confirming or rejecting the president’s Cabinet, judges and ambassadors. It's part of the government's checks and balances that ensures the president does not get to unilaterally rule. There is, however, a clause in the Constitution that allows presidents to fill out their administrations while the Senate is in recess.

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During the nation's early history, Congress would take months-long breaks from Washington, and presidents could use recess appointments to avoid having an important job go unfilled. But more recently, the process of recess appointments has been featured in partisan fights with the president.

Who has used recess appointments in the past? 

President Bill Clinton made 139 recess appointments and President George W. Bush made 171, though neither used the process for top-level Cabinet positions, according to the Congressional Research Service. President Barack Obama tried to continue the practice, using it 32 times, but a 2014 Supreme Court ruling put a check on the president's power to make recess appointments.

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The Supreme Court unanimously ruled that the Senate has to recess or adjourn for 10 days before a president can make unilateral appointments. To get around this, the Senate — even during weeks-long breaks from Washington — still holds pro-forma sessions where one senator opens and closes the chamber, but no legislative business is conducted.

The House also holds some power over recess appointments by refusing to allow the Senate to adjourn.

Why does Trump want recess appointments?

Allowing recess appointments would take considerable power away from the Senate. That’s exactly what Trump is trying to do as he plans for a more forceful presidency than his first term.  Trump envisions becoming a president who is much stronger and forceful than perhaps any before him.

While still president in 2020, Trump threatened to use recess appointments after Democrats had slowed the Senate from confirming his nominees. He threatened to use a presidential power in the Constitution to adjourn both chambers of Congress on "extraordinary occasions" and when there is a disagreement between the House and Senate on adjourning.

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Trump is demanding recess appointments despite taking office with a Republican majority in both the House and Senate, both of which have promised to back his agenda. 

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Recess appointments allow Trump to flex his political power and potentially ram through even the most controversial choices for his administration, including former Rep. Matt Gaetz for attorney general and former Rep. Tulsi Gabbard for director of national intelligence. 

Will the Senate allow it? 

To allow Trump to make the appointments, Republican senators would have to pass a motion of adjournment with a simple majority vote, though Democrats would likely do everything in their power to prevent it. It is also not clear if such a move would be fully supported by GOP senators.

Sen. John Thune, who was elected as the next Senate majority leader this week, said he’s not taking recess appointments off the table, but the announcements of Gaetz and Gabbard this week left some GOP senators issuing reminders of the importance of their "advise and consent" role in choosing the president's Cabinet.

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Gaetz may struggle to gain majority support from the Senate, even though Republicans will enjoy a 53-seat majority. He has been under a yearslong investigation by the House Ethics Committee for sexual misconduct and illicit drug use. According to ABC News and a victim’s lawyer, the committee’s findings allegedly include testimony from a woman who said Gaetz had sex with her when she was 17 years old and in high school.

Still, there are very few, if any, Republicans remaining who dare openly defy Trump. Trump is returning to Washington with almost total support from his party, including the more traditional Republicans who still hold sway in the chamber.

GOP senators are planning to begin hearings on Trump's Cabinet nominees as soon as the new Congress begins on Jan. 3.