By Daily Mail (U.S.) | Created at 2024-12-06 13:12:10 | Updated at 2024-12-22 16:28:28
2 weeks ago
President-elect Donald Trump says he wants to bypass the Senate so that he can more easily get his most extreme Cabinet nominations confirmed, but Americans don't agree.
The Republican's controversial idea of using recess appointments to confirm his picks to a two-year term has ruffled some feathers among lawmakers and voters.
It's an antiquated function originally crafted by the founding fathers for emergencies when Congress was out of town and lawmakers took days to travel to the nation's capital by horseback.
The controversial power play would allow the commander in chief to bypass Senate confirmation when appointing people to his top administration positions.
Over the last few decades, the Senate has never been out 'on recess' for more than a few days at a time, as they have to agree on when to adjourn and they can hold 'pro forma sessions.'
That stops the president in power from conducting recess appointments whenever they wish.
But should Trump not get traction for his most controversial candidates like Defense Secretary nominee Pete Hegseth, Health and Human Services nominee Robert Kennedy Jr., Director of National Intelligence nominee Tulsi Gabbard, and FBI Director nominee Kash Patel, he could try to install them bypassing the Senate.
However, among the 1,000 registered voters that responded to the latest DailyMail.com/J.L. Partners poll, it's a massively unpopular plan.
By a two-to-one margin, voters agreed that the Senate should not go into recess, regardless of whether it slows down Trump’s appointments.
President-elect Donald Trump has demanded that Congress enable him to use the presidential power of recess appointments. Many lawmakers and voters don't like the idea
Defense secretary nominee Pete Hegseth has faced turbulence while trying to convince senators he is the top man for the job. If Trump is able to do recess appointments, he would effectively sideline the Senate from vetting his candidates
Trump's FBI Director nominee Kash Patel is also expected to face a rigorous vetting process
Overall, 51 percent of respondents said the Republican should not use recess appointments.
Only 25 percent said if it means speeding up President Trump’s appointments, the Senate should go into recess.
The survey also stunningly found that Republicans are even split on whether or not Trump's recess appointment plan is the right path forward.
GOP respondents were deadlocked on whether or not the Senate should adjourn to help Trump with his plan with 41 percent for it and 41 percent against it - the remaining 18 percent said they were unsure.
But Trump has demanded he gets his way.
'Any Republican Senator seeking the coveted leadership position in the United States Senate must agree to Recess Appointments (in the Senate!), without which we will not be able to get people confirmed in a timely manner,' Trump wrote on his Truth Social app in November as the chamber's leadership elections were underway.
His post put lawmakers on notice about his upcoming plans.
'Sometimes the votes can take two years, or more,' his post continued. 'This is what they did four years ago, and we cannot let it happen again. We need positions filled immediately!'
Recess appointments were last used by President Barack Obama in 2012 when he appointed three officials to the National Labor Relations Board without Senate confirmation.
Those appointments were later ruled unlawful by the Supreme Court in a 9-0 ruling finding that Obama appointed the officials while Congress technically was not on recess - they were only out for three days when he used the maneuver.
The ruling ended up bolstering the Senate's power over recess appointments, and if Trump would want to pull the same move he would have to excuse both chambers for a minimum of 10 days.
That would be a tough gambit given how easy it is for the Senate to hop on planes and reconvene in Washington - something not as easy when the Constitution was written centuries ago.
Already GOP senators have voiced open opposition to Trump's appointment plans.
Robert F. Kennedy Jr. and Donald Trump greet each other at a campaign event in Duluth, Georgia, U.S., October 23, 2024. Kennedy could benefit from recess appointments should his bid for HHS secretary fall through
Tulsi Gabbard is also expected to face scrutiny during her Senate sessions in her bid to become director of national intelligence
Speaking at an event last month longtime Senate Republican leader Mitch McConnell told a crowd he would not go along with recess appointments.
The MAGA world expressed outrage, slamming the Kentucky Republican online.
'Message to Trump Team: "There will be no recess appointments" Sen. Mitch McConnell said tonight at a Washington gathering,' New Yorker writer Jane Mayer wrote on X.
Texas Republican Sen. John Cornyn last month said he doesn't believe the president has the authority to recess Congress, and indicated he's against the recess plan.
'The separations of powers doctrine is pretty fundamental: three coequal branches of government. One branch can’t commandeer the other two. I think that would be the outcome,' he said.
Sen. Mike Rounds of South Dakota said at the time, 'I think it would be extremely difficult to get done.'
