Trump is demanding an important change to the Senate confirmation process

President-elect Donald Trump is pushing for the next Senate majority leader to allow recess appointments, which would allow him to install some officials without Senate confirmation.

Typically, the Senate must approve presidential nominations for high-level posts, including cabinet positions, ambassadorships, and inspector general jobs, in a process outlined in the US Constitution. This procedure is meant to be a check on presidential power — a way of ensuring officials directly elected by citizens can guard against the appointment of unqualified or corrupt personnel.

The Constitution, however, also allows for “recess appointments,” a provision that aims to prevent prolonged government vacancies by allowing the president to install officials without Senate approval while Congress is not in session. 

Using such recess appointments, Trump would be able to appoint whoever he’d like without giving the Senate the opportunity to question or object to the pick. Critics of the practice note that it increases the risk of unqualified, corrupt, or ideological appointees filling government posts. It also significantly expands presidential power. 

Though recess appointments have been used in the past by presidents of both parties, in recent years, the Senate has avoided going to extended recesses, blocking presidents from making any appointments in senators’ absence.

Reinstating recess appointments “would essentially negate one of the Senate’s main roles in governance, which is to vet presidential nominations for high-level positions,” Peverill Squire, a political science professor at the University of Missouri, told Vox. “It would, if the Republicans in the Senate were willing to go along with it, represent sort of an abdication; they would be simply giving up the power that’s afforded them.”

Trump injected his demand into the fierce race to replace Sen. Mitch McConnell as the leader of the Senate, which will be under GOP control next session thanks to the results of last week’s election. Trump largely stayed out of that contest while on the campaign trail, but he waded into it on Sunday, writing on X, “Any Republican Senator seeking the coveted LEADERSHIP position in the United States Senate must agree to Recess Appointments (in the Senate!)”

The three candidates for the position — Sens. John Thune (South Dakota), John Cornyn (Texas), and Rick Scott (Florida) — quickly expressed support for Trump’s demand. Scott, the underdog in the race who is also the closest Trump ally of the three, was the most explicit in his endorsement of the plan, writing “100% agree. I will do whatever it takes to get your nominations through as quickly as possible,” on X.

What’s a recess appointment and how does it work?

In ordinary circumstances, nominees to many government posts including cabinet secretaries, ambassadors, and federal judges must undergo a confirmation hearing, during which they are questioned by the Senate about their record, qualifications, and how they will perform their government duties. Confirmation in this process requires a simple majority voting to confirm. 

Recess appointments work differently, and don’t require a vote. The president simply appoints an official of their choice. The idea behind them was that there might arise times when the president needed to appoint someone to keep the government functioning, while Congress was out of session (in recess).

“At the time the Constitution was written, Congress met mainly nine out of 24 months, and there were long stretches where Congress wasn’t in session,” Squire told Vox. As such, the Constitution states the president has the “Power 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.” 

Congressional recesses aren’t as long as they once were. Now, recesses happen in between each congressional session and around holidays. Recess appointments still work the same way, however. And as the text notes, any appointment made during a recess isn’t permanent: Presidential appointments made during a recess last to the end of that second session, meaning for a period of no more than two years. A president can renominate their pick after that, or reappoint them during another recess. 

How have they been used in the past?

With the exception of Trump and President Joe Biden, recent presidents have made use of recess appointments; according to the Congressional Research Service, former President Barack Obama made 32 recess appointments, Bill Clinton made 139 recess appointments, and George W. Bush made 171 recess appointments.

Though recess appointments were meant to be used in emergencies or in times when Congress met less often, over the past few decades, they’ve become seen as a way for presidents to get around congressional opposition. The process faced major scrutiny during the Obama administration, and was curtailed after a 2014  Supreme Court ruling that Obama had overstepped his power in utilizing the recess nominations. (That’s why neither Trump nor Biden made any recess appointments.)

In an effort to block recess appointments, the chamber often employs what are known as “pro forma” sessions. These short meetings, in which no real business is conducted, mean the Senate is never in recess for more than 10 days — preventing the president from making any appointments without the body’s consent. A pro forma session can be as simple as one senator gavelling in, and then calling the session over.

If indeed the recess appointments are reinstated, there is little Democrats could do to stop the process, Squire said. But they could slow down legislative processes, which “wouldn’t necessarily prevent [recess appointments] from happening, but there would be a penalty — a cost attached to it.”