Can Trump exploit the Senate recess to pick his team?

President-elect Donald Trump is urging the next Senate majority leader to support recess appointments, a move that would allow him to bypass Senate confirmation and install key officials without waiting for the lengthy confirmation process.

The confirmation process involves the President nominating a candidate for a key government position, such as a federal judge, cabinet secretary, or other high-ranking executive branch official.

It also involves Senate committee hearings, a committee vote, and a full Senate vote to confirm or reject the nominee. If confirmed, the nominee officially takes office.

In a social media post on Sunday, Trump called on Republican senators vying for the leadership position to allow him to utilise the recess time and bypass the senate vote.

On Election Day, November 5, Trump secured 312 Electoral College votes—far surpassing the 270 needed to win. His victory included all major swing states, making him the first presidential candidate in 40 years to sweep these key battlegrounds.

What are recess appointments?

Recess appointments allow the president to appoint officials without Senate confirmation when the Senate is in recess.

According to the US Constitution (Article II, Section 2), this power ensures the government continues to function during Senate breaks, particularly when key positions need immediate filling.

Recess appointments are temporary and last only until the end of the next Senate session, which typically lasts about a year.

By using recess appointments, Trump would be able to appoint whoever he’d like without the Senate’s approval.

Bypassing Senate oversight risks appointing unqualified or ideologically extreme individuals and concentrates power in the executive branch, undermining democratic checks and balances.

When the Senate is in session, securing Senate confirmation may be a significant hurdle for Trump’s nominees, with many likely to struggle for the 50-vote threshold, especially if Democrats mount strong opposition.

Republicans have gained the upper hand by winning 4 seats in the November 5, 2024 election and shifting the Senate balance to 53 Republicans and 47 Democrats.

Senators sometimes oppose party-line nominations due to qualifications, policy alignment, or personal conduct. Republican senators have occasionally opposed their own party’s nominees—examples include Trump’s picks like Betsy DeVos in 2017 and Ronny Jackson in 2018.

Trump’s consideration of a recess appointment suggests he anticipates lacking full GOP support for his current nomination and may be using the recess route to sidestep potential defections if some Republican senators remain sceptical.

Recess appointments could offer Trump a way to bypass this process.

Could Democrats block the plan?

However, recess appointments come with a set of challenges.

To make a recess appointment, the Senate must be in recess for at least 10 days.

If Republicans attempt to implement recess appointments, Democrats could use procedural tactics to delay the process.

In particular, "pro forma" sessions—brief meetings that keep the Senate technically in session—are often used by both parties to block recess appointments.

Even if Republicans secure a recess, Democrats could propose amendments to any recess resolution, forcing Republicans to secure a 60-vote majority to override objections and proceed.

Potential consequences for Senate relations

Recess appointments are a contentious tool that presidents have used for decades.

Past presidents like Bill Clinton and George W. Bush made many recess appointments, with Clinton making 139 and Bush 171, but the practice came under heavy scrutiny during the Barack Obama administration.

The US Supreme Court ruled in 2014 that Obama had overstepped his authority by making 32 recess appointments when the Senate was technically still in session, leading to a significant reduction in their use.

Trump’s push for recess appointments could reignite this debate and strain relations between the executive and legislative branches.