Can Trump Order Congress Home and Unilaterally Fill Vacancies Via the Recess Appointment Power?

The president contemplates a sweeping exercise of executive authority.

[Ed. Note: If you’re ok with this, my next question is… Would you have been ok with Obama doing it?]

by Damon Root

President Donald Trump has grown impatient with Congress. The COVID-19 outbreak has brought normal business to a near standstill in Washington, D.C., and the Senate is no longer confirming Trump’s nominees to federal office at the steady clip that it once did. So Trump is now threatening an end-run around the Senate’s constitutional duty to provide “advice and consent” on presidential picks.

“The Senate should either fulfill its duty and vote on my nominees or it should formally adjourn so that I can make recess appointments,” Trump said on Wednesday. “If the House will not agree to that adjournment, I will exercise my constitutional authority to adjourn both chambers.”

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