President-elect Donald Trump has been on a roll in naming his cabinet picks, as he prepares for his second term in office. But as you might expect, the Left has been freaking out over his nominations and finding new ways to attack each one every day. In particular, Attorney General nominee Matt Gaetz is facing heavy scrutiny, as he is embroiled in a House ethics investigation.
There is question on whether or not some of his picks will make it to the White House, even while the GOP controls the Senate majority. So, that is bringing up the potential for 'recess appointments' for the confirmations. But what exactly does that mean?
Political strategist Vlad Davidiuk says this is essentially a way to bypass an uncertain Senate vote while they remain out of session.
"Because the Senate is in recess, and the Constitution allows the President to make a temporary appointment...that person would then become the 'acting' person in that position," he says.
The recess appointment idea falls under Article II, Section 2, Clause 3 of the Constitution, but only grants the power in certain circumstances.
Clause in Article II, Section 2, Clause 3 of the Constitution empowers the president to fill high-ranking positions without Senate confirmation under certain circumstances. These appointments last through the annual session Congress is in, plus the next session.
It has been a tried-and-true method, used by both sides of the aisle, including Donald Trump in his first term. But this time isa little different. There is momentum, and the GOP controls all branches of government. So, in theory, there should be no problems getting these appointments, and subsequent confirmations complete, right?
Well, as you might expect in Washington, nothing is ever that simple. The GOP may control the Senate, but the biggest hurdle is not the majority itself, but the unification of the majority.
"Obviously, the Democrats are going to strongly oppose any adjournment motions that would bring about recess appointments...and if Republican Senators are not unified in maintaining the process, that could cause issues down the road," he says.
The GOP has struggled, especially recently, in unifying behind a common goal. However, with seats flipping and new blood coming into the chambers, that might change.
But it will be the thing that either makes or breaks Trump's ability to get anything done.
"Depending on how strong that majority holds together, that will determine the effectiveness as well of the work the Senate does this term," he says.
Congress reconvenes on January 3rd, and Inauguration Day for Trump will be January 20th.