President-elect Donald Trump should exercise his Executive powers against an obstinate U.S. Senate.
This is not only constitutionally legal but also what Americans want. The Executive has the constitutional authority to bring about a swift confirmation process for Trump’s cabinet appointments should the U.S.
Senate attempt to slow-walk the process as they did with many of his appointees during his first term. This power comes from Article 2 Sec. 3 of the U.
S. Constitution, which states that the Executive Branch can adjourn both chambers of Congress “in Case of Disagreement between them, with Respect to the Time of Adjournment.” During that time, he can commission his cabinet nominations without Senate confirmation hearings.
🚨FLASHBACK🚨 In 2012, MSNBC’s @Lawrence said “I agree and everybody agrees that the President has recess appointment power.” pic.twitter.
com/s1420YSFJp — Francis Brennan (@FrancisBrennan) November 15, 2024 The U.S. Supreme Court ruling in NLRB v.
Noel Canning supports the president’s authority to adjourn both chambers when the body disagreed about whether to take a recess. Justice Scalia, writing for the concurring opinion, argued that “the Senate can avoid triggering the President’s now-vast recess-appointment power by the odd contrivance of never adjourning for more than three days without holding a pro forma session at which it is understood that no business will be conducted.” The key point here is that Trump 45 made no reces.