US President-elect Donald Trump’s latest Cabinet selection is facing opposition from various quarters, with some of his key appointees set to be scrutinized further, CNN reports. While many of the Republican leader’s personnel decisions are immediate, many will require Senate approval, including hearings and majority approval in the chamber.
Now, according to the BBC, Trump is reportedly considering a clause in the US Constitution that allows the President to make unilateral appointments when the Senate is not in session.
How does the Senate investigation work?
More than 1,000 positions require Senate approval, including cabinet, ambassadors and some lower-level roles. However, many members of Donald Trump’s team, such as those in the White House or national security advisers, do not require Senate approval but are still required to go through a vetting process, which may include an FBI background check.
On Thursday, incoming Senate Majority Leader John Thune said on Fox News, “None of this is going to be easy.” The FBI investigates nominees for Senate-confirmed roles and other national security positions, but does not provide any opinion on the outcomes, leaving that task to the President-elect or the White House Counsel. Donald Trump’s transition team has reportedly bypassed an FBI investigation for some Cabinet selections and is considering private investigative companies.
The Senate approval process includes submitting financial disclosure forms, completing role-specific questionnaires, and testifying before a Senate committee. The committee votes on the nomination, and then the full Senate votes. Cabinet appointments are usually approved immediately, but political conflicts can lead to intense battles and even rejection. With Republicans controlling both houses of Congress, some disputes may be less intense, although concerns have already surfaced about nominees such as Matt Gaetz for attorney general.
What are holiday appointments?
Recess appointments allow the President to make temporary appointments when Congress is not in session. These appointments are generally temporary, expiring at the end of the congressional session. Donald Trump has expressed interest in using this power to bypass Senate approval, but it is not guaranteed, as Congress would need to agree to recess.
The recess process was originally created for emergency situations when Congress did not meet as frequently as it does now. The goal was to ensure that the President could carry out important roles without any delay.
Donald Trump’s plan to use recess appointments and sidestep Senate investigations has historical precedent. George W. Former presidents, including Bush (171 recess appointments), Bill Clinton (139), and Barack Obama (32), have often adopted this method to resolve political impasses.
However, the use of recess appointments was curbed in 2014 after the Supreme Court struck down several of Obama’s appointments as unconstitutional.
When can Trump make recess appointments?
The President-elect can make recess appointments in two ways. First, if the Senate agrees to a recess of 10 days or more by majority vote. Second, if the House votes for a longer recess, Trump could use a rare constitutional power to adjourn both houses of Congress.
However, Trump cannot make these appointments until after his inauguration on January 20. This power has never been used before, and it is unclear how it would work. Trump would need unanimous consent from all 100 senators for a recess of more than 10 days, which is challenging because Democrats hold 47 seats. To overcome the opposition, Republicans would need at least seven Democratic votes or a change to the filibuster, which Senate Majority Leader John Thune has opposed.
Donald Trump’s cabinet selections so far
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Secretary of State: Marco Rubio
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Attorney General: Matt Gaetz
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Director of National Intelligence: Tulsi Gabbard
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Secretary of Defense: Pete Hegseth
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Secretary of Homeland Security: Kristi Noem
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CIA Director: John Ratcliffe
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Secretary of Health and Human Services: Robert F. Kennedy Jr.
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Secretary of Veterans Affairs: Doug Collins
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EPA Administrator: Lee Zeldin
white house staff
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Chief of Staff: Susie Wills
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Border Czar: Tom Homan
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Deputy Chief of Staff for Policy: Stephen Miller
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Deputy Chief of Staff: Dan Scavino
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Deputy Chief of Staff: James Blair
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Deputy Chief of Staff: Taylor Budovich
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White House Counsel: William McGinley
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Special Envoy for the Middle East: Steven Witkoff
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Ambassador to Israel: Mike Huckabee
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Ambassador to the United Nations: Elise Stefanik
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Press Secretary: Caroline Levitt