Trump warns he'll adjourn Congress to make recess appointments. How would that work?
Source: CBS News
Updated on: January 22, 2025 / 3:45 PM EST
President Trump is threatening to use his powers to adjourn Congress so he can make recess appointments for at least some of his top Cabinet nominees and their deputies, enabling them to begin running the largest federal departments.
Mr. Trump most recently raised the prospect of plunging the executive and legislative branches into uncharted constitutional territory during his White House meeting Tuesday with Senate Majority Leader John Thune and House Speaker Mike Johnson, mulling the option if Democrats opt to slow-walk or delay his top national security and public health nominees, according to two people familiar with the meetings.
"This remains a significant possibility in the eyes of the White House," one of the people familiar with the meetings said, emphasizing this is not expected to happen this week, but remains under active consideration. Mr. Trump has signaled he wants the Senate to move quickly to confirm his top Cabinet picks, and Republican senators have said for weeks they want to move swiftly, particularly on his top national security appointments.
On Monday night, the Senate unanimously confirmed Marco Rubio as secretary of state, but votes on John Ratcliffe to serve as CIA director, Pete Hegseth to serve as defense secretary, and Kristi Noem to serve as homeland security secretary, are still in the queue for consideration. Procedural issues are delaying those votes, with Democrats slowing consideration of Ratcliffe and Republicans warning they'll hold a final up-or-down vote on him over the weekend, if necessary.
Read more: https://www.cbsnews.com/news/trump-recess-appointments-adjourning-congress/
DownriverDem
(6,727 posts)trump will try anything for control no matter what.
Raven123
(6,251 posts)Article I, Section 5, Clause 4:
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
BumRushDaShow
(146,207 posts)(snip)
Section 3.
He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.
(snip)
https://www.law.cornell.edu/constitution/articleii
Raven123
(6,251 posts)Still, as I understand, the Constitution does not grant the President the power to adjourn outside of these extraordinary powers.
BumRushDaShow
(146,207 posts)like they did to Obama when he challenged the Senate's "Pro-forma" session, in this current case, 45 can make up any bullshit reason for this being "extraordinary" and the GOP-controlled Congress would go along to make it so.
The backstop his handlers are doing right now though, is to appoint a couple previously-Senate-confirmed lower level staffers who weren't purged, into the positions he needs, as "Acting" (to be a placeholder). I believe they can hold that for a year (and that can be extended only if a nominee is undergoing a confirmation hearing during that time that goes just beyond the temp appointment).
Raven123
(6,251 posts)I just finished reading Woodrow Wilson, The Light Withdrawn by Christopher Cox, which discusses Wilsons life and career as it related to the movements concerning racial equity and womens suffrage.
Wilson went to Europe to pursue a treaty to establish a League of Nations. Notably Article 1 Section 4 stated Congress was to convene yearly on the first Monday in December and adjourn when business was completed. Wilson left after Congress adjourned and stayed away for a few months. What happened? No oversight, no investigation of government contracts, no consideration of the Anthony Amendment, no appropriation of money to fulfill government obligations. What did happen were recess appointments. Apparently the use of executive power during recess was common.
The Twentieth Amendment (1933) not only moved the inauguration date from March to January, it also changed the start date of Congress to January.
As you say, the GOP could do anything, but the Constitution is squarely on the side of the Senates role in appointments with this schedule.
BumRushDaShow
(146,207 posts)AND during the worst pandemic of their lifetime - the infamous "Spanish Flu". So all kinds of "extraordinary" things going on then (not to mention Prohibition & the Suffragan movement, as well as the rise of the KKK).
Raven123
(6,251 posts)Wilson didnt say anything about the pandemic during his presidency. His wartime censorship rules suppressed public information about the pandemic. The Public Health Service under Wilson was not doing its job according to the Red Cross.
His military leaders ignored the advice of their medical corps. His own physician advised him against sending troops who had been exposed to influenza. When he met with the general, he yielded and many of those troops died of influenza en route to France.
BumRushDaShow
(146,207 posts)insisted on holding that infamous super-spreader parade to support "Liberty Bonds"!!!!!!
(St. Louis cancelled theirs and lived to see another day)
IbogaProject
(3,978 posts)Dem in name but a conservative former governor from NJ.
LudwigPastorius
(11,421 posts)Declaring a general one could certainly be legally construed by the SC as an "extraordinary occasion(s)" allowing him cover to adjourn Congress.
wnylib
(25,183 posts)The outcome for Charles I was not a good one.
VMA131Marine
(4,763 posts)if the House and Senate disagree about when they should adjourn. He cant just order them to adjourn whenever he feels like it. Is there anything that says how long the have to adjourn for if the President gives such an order?
BumRushDaShow
(146,207 posts)Oh we all know this BUT that is where the GOP majority in both chambers, can "MANUFACTURE A 'DISAGREEMENT'" in order to allow this invocation if 45 (I refuse to call him 47) demands it.
We will have to see if they plan to stoop that low but don't be surprised if they do. The GOP legal tyrants have been testing EVERY loophole and vaguery in the Constitution so far (like the "immunity" nonsense) and may end up doing so here.
Democrats are doing what the GOP had been doing whenever we were in charge (going back to the Obama era when they took the volume up to 11) - blocking and stalling, and in our case, rightly so for the parade of abject lunatics and criminals who have been proffered to be appointees.
A Recess Appointment is still a temporary thing and only in effect for that Congressional session's time period.
Ever since Shrub Recess-appointed Bolton as U.N. Ambassador over the objections of not only Democrats but Republicans as well, the Senate has included a pretty much "standard" Rule to do "Pro Forma" sessions every 3 days (following the Constitution's 3-day requirement to either shit or get off the pot ).
Bolton Is U.N. Envoy as Bush Bypasses Senate
This is where someone (usually a "local" Senator from VA or MD or even DE) will go to the chamber, gavel it in as a "President Pro-Tempore", and they will go through their "Morning Business" routine of the Pledge of Allegiance, convocation, etc., will maybe have some speeches, read off a schedule, and then gavel into a "Recess Subject to the Call of the Chair", which is not a "technical" Recess or Adjournment but a "we're still in session and be ready to come back when notified".
Good discussion of this -
Congressional Institute
Dec 03, 2007
The Constitution (Article II, Section 2, Clause 3) specifically allows the President to make a temporary appointment to an executive branch position without Senate approval if the Senate is in recess. This appointment, known as a recess appointment allows the individual to serve in the position until the end of the current Congress. In this case, January 2009.
(snip)
The growing use of the recess appointment process is another sign of the strain between the two political parties in Washington. The Democrats control the Senate, but even when Republicans held control during the middle four years of President Bushs two terms, the Democrats had sufficient numbers to block or filibuster any nominees they did not approve of. (This is not a partisan statement, the same thing applied when there was a Democrat president and a Republican Congress). Usually when frustration spills over, the President, either to spite the opposition or to make a political statement, makes a recess appointment to a disputed position. The appointment of John Bolton as Ambassador to the United Nations was an example of a nomination that was being filibustered in the Senate. The Senate could not break the Democrat filibuster and President Bush appointed Bolton to the job where he served until the end of the 109th Congress.
(snip)
Of course, if there is no recess, there can be no recess appointments. The House and Senate take several recesses through the year. Traditionally, they have taken a two-week recess for the Thanksgiving holiday. The Constitution says (Article I, Section 5, Clause 4) that Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days
So, in order to allow the Senators to leave Washington for more than three days as if it were in a recess without actually declaring a recess, the Senate meets in what is called pro forma session once every three days. Pro forma means, in form only. In the case of a pro forma session of the Senate, the Senate convenes, the chaplain says a prayer, and Senate adjourns. The Majority Leader usually needs the cooperation of a majority party Senator who lives in Washington D.C. or represents one of the nearby jurisdictions. As long as the Senate conducts a pro forma session every three days it is never actually in recess and the President cannot make a recess appointment. In this way, Majority Leader Reid prevented President Bush from making any additional recess appointments over the Thanksgiving recess.
Back in 2014. the SCOTUS upheld the Pro-Forma sessions in a Ruling against then-President Obama when he challenged the Rule, insisting that the Senate really WASN'T doing anything during those 3 days and were thus "in Recess".
Supreme court rules against Obama on recess appointments
birdographer
(2,598 posts)that anyone who instigates an insurrection may not run for office. Look how that was obeyed. He has put the Constitution in the shredder, and his republicans are applauding. Forget rules and laws, they no longer apply to our new government.
(IMO he is behaving exactly like an elected asshat who is begging to be assassinated. Some of his new XOs accomplish nothing but delivering cruelty and danger to US citizens, they are totally unnecessary in terms of the state of our union. He hates America and Americans. I am starting to wonder how long he is going to last.)
NotHardly
(1,523 posts)pfitz59
(11,204 posts)more empty threats. The thug is out of his mind.
kacekwl
(7,795 posts)stop this idea now. Verbally and in the media. Someone needs to be screaming about this and more.
BumRushDaShow
(146,207 posts)chowder66
(10,046 posts)Ocelot II
(122,382 posts)without their advice or consent. It didnt end well for him.
Raven123
(6,251 posts)In his Commentaries on the Constitution of the United States, Justice Joseph Story reasoned that by empowering Congress to determine when to adjourn, the Framers prevented the President from using the royal governor tactic of squelching dissent by adjourning colonial legislatures.6 Consequently, Article I, Section 5, Clause 4 checked the Presidents power over Congress.7 Likewise, by requiring the two chambers of Congress to agree to any adjournment longer than three days, Clause 4 prevented either house from frustrating the legislative process by adjourning. In addition, by authorizing the President to resolve disagreements between the two chambers on when they would adjourn, the Framers created an incentive for the chambers to cooperate.
BadgerKid
(4,730 posts)republianmushroom
(18,608 posts)Ray Bruns
(4,868 posts)I couldnt finish typing that because I peed myself laughing so hard.
republianmushroom
(18,608 posts)Supreme Court. ha ha
jgmiller
(472 posts)I doubt Johnson or Thune will allow it. First off Johnson is a coward, he's afraid of Trump but he's also afraid of democrats and his very thin majority. Thune intends to stick around for a long, long time and while I can't stand him he understands that things like this have long term consequences. If he lets Trump do it then there is nothing stopping a democrat president from doing the same thing. I also think Thune is smart enough to know that Trump's expiration date of 4 years is a very short period of time and after the destruction he's going to cause there is virtually no chance any republican wins the WH in 2028. Thune just wants to get what he can in the next 4 years and survive.
jgmiller
(472 posts)Let's say the house votes to adjourn and the sentate doesn't so then Trump tries to adjourn them. If Democrat senators do an old fashioned fillibuster and don't reliquish the podium then they can't adjourn, can they? Is Trump going to send in capitol police to arrest them? If it comes down to it I hope our Dem senators have the guts to try this. We're always complaining about how Trump dominates the news cycle and optics, this would be a perfect opportunity for dems to do that. Imagine the TV coverage of a wanna be demented king demanding they leave the capitol but they stand there in defiance peacefully.
NotHardly
(1,523 posts)jgmiller
(472 posts)It might not be this but the more he is allowed to do unchecked the more he will do and at some point he will cross a line that even the frightened children in the GOP will break.
brush
(58,589 posts)mentally declining clown who seems determined to get his way on every little thing like a mini tyrant no matter what the Constitution says.
It's up to the Dems to block the fool because the rethugs won't.
WestMichRad
(1,964 posts)there are a few senators who are reluctant to approve a couple of his more extreme nominees (yeah, I know its hard to narrow down which are the worst!), and this is TSFs way of threatening them. I dunno, unless his advisors are really lunatics (and yes, they might be), theyve got to be telling him that he cant just arbitrarily adjourn congress.
Blue_Tires
(57,596 posts)Y'all should have believed him
Martin68
(24,870 posts)Evolve Dammit
(19,606 posts)VMA131Marine
(4,763 posts)Who is going to force him to comply? Hes immune from prosecution thanks to SCOTUS, and this Congress wont impeach him no matter what he does. Laws and judicial orders arent self-actualising. They require actual humans to obey them, enforce them, or carry them out. Trump EO on birthright citizenship is going to get overruled, but what if he just ignores the courts? Who is going to make him comply?
Blue_Tires
(57,596 posts)Wait until he ignores the Supreme Court...
PSPS
(14,262 posts)Blue_Tires
(57,596 posts)They've already ruled Donnie has immunity from all prosecution so what's the point?
Martin68
(24,870 posts)DBoon
(23,336 posts)and explain that his guys will break their kneecaps if they don't go along
We aren't dealing with a constitutional leader here, we are dealing with a mob boss
Trust_Reality
(1,948 posts)With mob boss skills and mob boss morality.
Baron2024
(675 posts)Looks like Trump has some legal basis to do this. Chilling. If he adjourns Congress, why would he ever call them back into session? I am a fan of the Constitution but I am not an expert on it. Can anyone answer that question? I will do a search on it.
Diraven
(1,141 posts)All our laws will still be there. There's a very limited list of things he can do without Congress.
Baron2024
(675 posts)What if he does not call Congress back into session and just starts giving orders to the military and law enforcement? This man is both ignorant of the law and cares nothing for it. So he breaks a law? Who is going to stop him? He has control of the military and federal law enforcement.
Diraven
(1,141 posts)He can't dismiss them if both houses want to be in session. It would take a lot of cooperation from Congressional Republicans for them to just never come back.
I hope that you are right. I tend to think of the worst possible case. Hope for the best, prepare for the worst, is definitely one of the mottos that I live by. Thanks for responding.
VMA131Marine
(4,763 posts)POTUS cannot adjourn Congress unless the House and Senate disagree on the time of their adjournment. That is a very specific and limited instance. He also cant stop them from reconvening after 3 days.
I did not know that. That is why I asked. He could just tell his Congressional Republican lackeys to facilitate an adjournment and not come back. Maybe declare some sort of national emergency and/or martial law.
If it was just the Democrats and maybe a small number of Republicans that tried to reconvene, would they be able to? Is there a minimum quorum for the House and the Senate to convene? I don't know. I am just trying to imagine the worst thing that Trump could do. Because he usually tries to do the worst thing.
VMA131Marine
(4,763 posts)And he also cannot authorise an increase in the debt ceiling. He needs Congress to resolve those things, and soon.
By mid-March, I think?
Baron2024
(675 posts)I wonder if Congress is going to be the main obstacle to Trump achieving most of his plans in this second Administration. In his first Administration it was mainly a number of people in his Cabinet and the rest of the Executive branch that blocked him. He is working around this by stacking his Cabinet and as much of the Executive branch with his lackeys and loyalists. So he has solved that Executive branch problem but maybe he is not prepared to deal with legal and procedural obstacles in the Congress. I hope so. I think that if Trump could find a way to rule by fiat, he would. Maybe he will be confounded by Congress, or at least slowed down and impeded.
Marcuse
(8,079 posts)NoMoreRepugs
(10,842 posts)This is Trumplandia after all.
Oneear
(305 posts)does not want to answer to No one, including Voters
LastLiberal in PalmSprings
(13,053 posts)Once again, a msm headline writer "sane washes" Felon47's incoherent shrieks to make them suitable for polite society.
Owens
(377 posts)Trump will INSTALL his loyalists - and ignore Congress