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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsRecess appointments
https://constitution.congress.gov/browse/essay/artII-S2-C3-1/ALDE_00001144/Recess appointments are temporary. The appointee still must be approved be the Senate by the end of the next calendar year ( so 2 years of Gaetz instead of 4 if Donald does this and unless the Senate approves him).
The Senate is in session when the Senate says it is in session, and can prevent the President from using solely this method of getting nominees thru who may have trouble getting thru.
The Senate chose a moderate who says he expects nominating committees to function normally, not a crazy loon who will do Donald's bidding, hopefully.
I suspect any Senator could block an appointment if they were vehemently opposed (hint, hint, hint) see Tommy Tuberville.
I am going to add something about the President Adjourning both houses since that rumor just came up. This is meant to educate myself as much as anything. I remember GWBush using recess apps out his wazoo.
Edited to add:
https://constitution.congress.gov/browse/essay/artII-S3-1/ALDE_00013550/
The president can only adjourn both houses in certain circumstances about disputes over times of adjournment. He can't willy nilly adjourn both houses for any old reason. The adjournment clause, BTW has never been exercised.
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Recess appointments (Original Post)
deminks
Nov 13
OP
Fiendish Thingy
(18,506 posts)1. I'd bet the adjournment clause will be used for sure.
The question is, will it go to SCOTUS?
onenote
(44,620 posts)2. Why do you think it will be used?
Do you think the House will object to the Senate adjourning or vice versa?
It only can be triggered if the two houses disagree. Hearings on a number of these nominees will be held before January 20 and will be teed up for a confirmation vote very quickly thereafter.
BunkieBandit
(108 posts)3. The God forsaken House will let Gaetz be confirmed,
because they gonna say, " let's get this m'fer outta here!"