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What are recess appointments, and why does Trump want them?

What are recess appointments, and why does Trump want them?

Last updated on: November 15, 2024 at 6:20 am by Jim Denison

What are recess appointments, and why does Trump want them? 2024-11-15T06:20:36-06:00 Jim Denison

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With the election finished and the Republicans in control of both the presidency and Congress, much of the national attention has shifted to what the government will look like going forward. To that end, President-elect Donald Trump’s picks to fill out his administration have led the news in recent days.

Most of his early picks garnered praise—or at least acceptance—by the bulk of his fellow Republicans. However, more recent selections like Robert F. Kennedy Jr. as the US Health and Human Services leader, Tulsi Gabbard for director of national intelligence, and Pete Hegseth for secretary of defense have been a bit more controversial. Yet each of their paths to office looks simple when compared with Matt Gaetz—Trump’s choice for attorney general.

Shortly after news broke that Gaetz would be Trump’s pick for AG, he resigned from the House, where he’d served as the representative for Florida’s 1st congressional district since 2017, which some have seen as a sign of confidence that he will be approved for the position. Yet, Gaetz’s resignation also means that he’s no longer under the jurisdiction of the House Ethics Committee, which was mere days away from releasing the report of their investigation into Gaetz on allegations of sexual misconduct, illicit drug use, and a number of other accusations.

Republican Sen. John Cornyn—one of the party’s leading figures and a member of the Senate Judiciary Committee—has since spoken for many in arguing that the report should be part of the deliberations into whether Gaetz will be approved for the post of attorney general.

Concerns that his preferred choices will not be approved could be part of why, earlier this week, Trump urged Senate leaders to be willing to agree to recess appointments in order to expedite the process.

But what are recess appointments, and why has the notion proved so controversial in recent days?

What are recess appointments?

Recess appointments are a constitutional provision that allows the president to appoint officials without Senate approval while the congressional body is not in session. In the nation’s early days, it could take senators weeks to travel to Congress, and the legislature would only meet for a short period of time before going into recess. In that environment, it made sense to give the president the authority to make appointments on his own when the situation warranted a quick decision.

But despite the circumstances being drastically different in modern times than in the late 1700s, recess appointments continued to be a tool used by both Republican and Democratic presidents to circumvent the Senate. That began to change, however, in 2014 when the Supreme Court unanimously ruled that President Obama had stepped beyond his authority in recess-appointing four members of the National Labor Relations Board. Justice Antonin Scalia went so far as to say the practice’s “only remaining use is the ignoble one of enabling the President to circumvent the Senate’s role.”

The Court also set a ten-day minimum for how long the Senate would need to be in recess before any such appointments could be made without their approval. Ever since, the Senate has routinely scheduled “pro forma” sessions every few days during recess periods. Pro forma sessions are where a single representative will show up for a few minutes to start a session before then closing it without doing anything.

So while it is within Trump’s authority to ask the Senate to go on recess, actually taking that route seems unlikely.

To start, it would mean essentially shutting down the legislature for at least eleven days at the start of his presidency, thereby limiting how much he could accomplish in his first weeks back in office. Moreover, at least fifty senators would have to agree to go into an extended recess in order to clear the way for him to be able to make recess appointments. Considering that’s the same number needed to simply approve his recommended candidates, the most likely scenario is that his call for recess appointments was more of an attempt to set the tone for the next four years.

While there is some merit to establishing that precedent early, if Trump attempts to proceed with his insistence on recess appointments, he may also learn that what can be done and what should be done are not always the same. And that’s a lesson that each of us would do well to remember, particularly when it comes to our relationship with God.

Pursuing a life God can bless

The difference between “Can I do this?” and “Should I do this?” may seem subtle, but what it reveals about our focus and frame of mind is often quite telling. For example, if I finish dinner and see ice cream in the freezer, I’m far more likely to ask, “Can I have some?” than “Should I have some?” In that circumstance, whether or not it’s best for me to have a delicious dessert matters far less than if I can get away with eating one.

While that’s a relatively minor example, the principle is important to recognize. And that’s particularly the case when we’re asking the question of God, as it reveals whether our focus is more on what we want or what he wants for us.

You see, in most circumstances, there are multiple choices we could make that will not necessarily put us outside of God’s will or lead us into sin. However, just because God doesn’t punish us for the choice doesn’t mean that he will bless it.

One of the primary temptations we face as Christians is to settle for living in God’s permissive will rather than striving for a life he can actively bless.

It’s easy to think that, so long as I’m not sinning, I must be doing the right thing. But God wants far more for us. He wants us to live a life that he can bless, but that means asking him what we should do rather than what we can do. It means prioritizing what he wants for us over what we want for ourselves. And it means learning to rely upon his guidance in every facet of our lives rather than just those we’re comfortable surrendering to him.

So which question will you ask of God today? Will you settle for what you can do, or pursue what the Lord says you should do?

The decision is yours. Choose wisely.

Friday news to know:

*Denison Forum does not necessarily endorse the views expressed in these stories.

Quote of the day:

“God never gave a man a thing to do, concerning which it were irreverent to ponder how the Son of God would have done it.” —George Macdonald

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