Trump Promises to Use Recess Appointments If Needed, but What Are They?

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The president-elect is looking at ways to circumvent delays in the Senate confirmation process.

President-elect Donald Trump has wasted no time in appointing his Cabinet members since his victory in the Nov. 5 presidential election.

In keeping with his promise to shake up Washington, some of his selections have raised brows and questions about their ability to survive a potential confirmation battle in the Senate. But should his nominees stall, Trump has already identified a tool for sidestepping any delays: recess appointments.

Prior to Sen. John Thune’s (R-S.D.) election as the next majority leader, Trump said on social media that the next leader “must agree to Recess Appointments.”

He noted that confirmation votes can take “two years, or more,” thanks to the polarization in Congress.

“This is what they did four years ago, and we cannot let it happen again,” he said in the Nov. 10 post. “We need positions filled IMMEDIATELY!”

Upon Trump’s inauguration, some 4,000 administration positions will need filling, including more than 1,200 that require Senate confirmation, according to the Partnership for Public Service, a nonprofit that assists with presidential transitions.

Thune told Fox News on Nov. 14 that “all options are on the table” for ensuring Trump’s Cabinet appointments are confirmed.

The president’s Cabinet consists of the top advisers and agency and department heads he or she appoints to help lead the executive branch.

Many of those roles require Senate confirmation, though others, such as the vice president or White House chief of staff, do not.

Here’s a rundown of the Cabinet confirmation process, how it has historically evolved, and the obstacles Trump could face in getting his team confirmed.

What Is the Senate’s Role?

As outlined under Article II of the U.S. Constitution, the Senate’s “advice and consent” power gives it the authority to confirm or reject presidential appointments for Cabinet positions, ambassadorships, Supreme Court judges, and other officers of the United States.

That process starts when the Senate’s executive clerk refers a nominee to relevant committees for consideration. Those committees will delve into the appointee’s background and hold hearings to assess his or her qualifications. Members will then vote on how to report the nomination to the full chamber: favorably, unfavorably, no action, or without recommendation.

By Samantha Flom

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