How Trump and Speaker Johnson could force the Senate to adjourn, allow recess appointments

Capitol Hill Republicans are beginning to discuss the possibility of President-elect Trump using a constitutional pathway to adjourn Congress himself in order to facilitate his Cabinet appointments. Trump has argued that “recess appointments” would expedite the confirmation process for his new administration’s officials. This process allows the President to appoint Cabinet officials when the Senate is not in session, bypassing the traditional confirmation process.

Some Republicans are considering whether House Speaker Mike Johnson, R-La., could work with Trump to shut down Congress, even if the Senate objects, in order to pave the way for recess appointments. The Constitution grants the President the authority to adjourn both Houses of Congress in case of disagreement between them regarding the time of adjournment.

Representative Chip Roy, R-Texas, chair of the House Judiciary Committee’s subcommittee on the Constitution and Limited Government, is exploring the possibility of using this constitutional clause. He emphasized the importance of ensuring that the President’s nominees are confirmed to help advance his agenda. However, there is a debate among legal experts about the feasibility of this approach.

Some argue that the House of Representatives does not have the authority to prevent the Senate from staying in session, and therefore, the President cannot adjourn both Houses. On the other hand, supporters of the idea believe that the clause was included in the Constitution for such situations when the Senate fails to provide advice and consent for nominations.

Despite the controversy surrounding this strategy, some Republicans, like Representative Marjorie Taylor Greene, R-Ga., are in favor of exploring all options to ensure the President’s nominees are confirmed. Greene stated that Senate Republicans opposing Trump’s appointments would be openly declaring war on his administration.

House Speaker Mike Johnson has not ruled out the possibility of using this constitutional theory to facilitate the confirmation of Trump’s nominees. He emphasized the importance of allowing the incoming President to select his own team and implement his policies. Johnson highlighted the need for nominees who will shake up the status quo and work in the best interest of the American people.

The discussions regarding the potential adjournment of Congress to enable recess appointments are ongoing, with differing opinions on the legality and practicality of such a move. As the confirmation process unfolds, the House and Senate will need to navigate this complex constitutional issue to ensure a smooth transition of power and governance.