Recess Appointments?

President-elect Trump is pushing Senate leaders to allow for recess appointments.

Article II, Section 2, Clause 3, commonly known as the Recess Appointment Clause, provides that, the President shall have power to fill all vacancies that may happen during the Recess of the Senate. These recess appointments are valid through, in this case, the end of the First Session of the 119th Congress (two years).  Under the adjournments clause of the Constitution, neither chamber can adjourn for more than three days without the consent of the other chamber. This mutual consent is established through the passage of a concurrent resolution of adjournment – a simple majority vote.  The Supreme Court unanimously ruled that the Senate has to recess or adjourn for 10 days before a president can make unilateral appointments. Under certain conditions, a provision of law may prevent a recess appointee from being paid from the Treasury if the president has not submitted a nomination to the position. President Clinton made 139 recess appointments and President George W. Bush made 171, though neither used the process for top-level Cabinet positions. President Obama tried to continue the practice, using it 32 times, but a 2014 unanimous ruling by the Supreme Court stated that the Senate had to recess or adjourn for 10 days before a president can make unilateral appointments. That has resulted in a practice where the Senate, even during district work periods, holds pro-forma sessions where one senator opens and closes the chamber, but no legislative business is conducted. The House also holds some power over recess appointments by refusing to allow the Senate to adjourn.