berg80
Diamond Member
- Oct 28, 2017
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- #281
Trump may have another avenue to try to bypass the Senate, experts say, one that dramatically departs from historical norms. Rather than wait for Congress to adjourn, as presidents have done, he could try to instruct them to leave for the sole purpose of installing his nominees without their consent.Why not? And how would he bypass the senate?
Edward Whelan, a prominent conservative scholar, wrote in an op-ed published in The Washington Post on Thursday that he has heard the Trump team is considering using an obscure constitutional provision that gives the president the power to adjourn Congress if the House and the Senate cannot agree on the timing of an adjournment. No president has ever used that authority.
Whelan wrote that late Supreme Court justice Antonin Scalia, a strict constitutionalist, “would be aghast at the notion that a president could create an intrasession recess for the purpose of bypassing the Senate approval process for nominations.”
https://www.washingtonpost.com/politics/2024/11/14/trump-recess-appointments-gaetz-rfk/