Trump makes presidential history: Avoids end run of Congress with recess appointments

Washington Times ^ | 11/28/19 | Staff

[Rebelbase]

Ronald Reagan made nearly 250 recess appointments during his time in office. Jimmy Carter and George H.W. Bush made dozens each. George W. Bush made 171, and Barack Obama notched 32.

President Trump, meanwhile, stands at a big zero.

No other president has gone this deep into an administration without making a recess appointment. In fact, he is poised to become the first president never to get one — save William Henry Harrison, who died just one month into office.

Recess appointments are one of the more arcane presidential powers, but analysts said the breakdown of the process is emblematic of a broken Washington.

“It’s a very important presidential power,” said Hans von Spakovsky, a legal scholar at the conservative Heritage Foundation who was the recipient of a recess appointment to the Federal Election Commission in 2006.

“The whole point of that authority was to be able to temporarily fill important positions in the government. If anything, that’s gotten even more important since our founding because of the huge increase of the size of the federal government, and it’s not a good thing to have all these empty slots.”

It has been nearly 2,900 days since the last recess appointment, dating back seven years to the Obama administration. That is by far the longest stretch in history, according to an analysis by The Washington Times.

[wastoute]

We need at least those ears at the water cooler to know who to send to Antarctica.

[trebb]

“Sometimes Trump forgets he’s the Chief Executive.”

Are you for real?

[9YearLurker]

The Turtle doesn’t need to do that.

[Roccus]

This Congress does not trust this President.

It is the REPUBLICAN PARTY that does not trust our President.

The REPUBLICAN PARTY wanted Trump only as a foil for Jeb during the primaries. The various state GOPs just saw him as free money. IMO the GOP didn't even want him to win once he was nominated. If this sounds as if I loath the GOP, I do. Its ONLY redeeming value is that it keeps the RATS from occupying even more positions.

[Roccus]

Well to be fair, let’s look at the cock ups that President Trump has made with his own administration.

YUP!!
The President simply MUST stop going to the Democrat Party for advice on his appointments.

/s

[Fai Mao]

Given the number of judges that Mitch McConnel has gotten through the Senate I don’t think he’s kept the Senate in session to thwart the president but to aid him.

Recess appointments can be challenged. The 100+ judges PDJT has put in placecannot be.

[lodi90]

Given the number of judges that Mitch McConnel has gotten through the Senate I don’t think he’s kept the Senate in session to thwart the president but to aid him.

Recess appointments can be challenged. The 100+ judges PDJT has put in placecannot be.

---

Laughable assertion. McConnell’s Senate has done little but block POTUS and the MAGA agenda. The only reason we hear so much about judges is they have basically nothing else to tout. The GOP Senate Failed to repeal obamacare, failed to get permanent individual tax cuts, blocked Ratcliffe from the DNI post, blocked Trump’s Fed picks, threatened Trump not to fire Sessions, endorsed Mueller’s police state tactics, refused to engage the ongoing coup, etc., etc.

[Svartalfiar]

The Senate does not go into recess. Every three days, a Senator opens a pro forma session of the Senate and then immediately closes it. For whatever reason, three days has become the norm to determine how long the Senate can be not in session and not considered in recess.

Three days is the norm, because that's the time needed for either side of Congress to get permission from the other to go into a longer recess. So basically, one, two, or three days off is simply considered a weekend, whereas four or ore days with Congress not meeting is technically considered a recess.

But, a single Senator shouldn't be able to conduct a 'pro forma' meeting of the Senate, as the Constitution requires a majority of Senators to be present in order to conduct business. so if the 51 person quorum isn't met, then the recess-blocking isn't a valid meeting of the Senate. Pro forma means it's an official meeting, they just aren't really doing anything. If they don't have the quorum, then they're not actually in session. (No clue if SCOTUS clarified this in their Obama ruling or not. Or if it was even an argument made.)

[Svartalfiar]

Do the recess appointments require 60 votes? Court appointments only need 51.

Recess appointments require 0 votes. When Congress is on recess, the President can appoint people to any federal vacancies, and they're officially in that position until the end of the next session of Congress.

Art.II Section 2:
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

[Dave W]

Thanks for your interesting reply. As far as the quorum requirement, I wonder if it has anything to do with someone needing to request a quorum count and if there is no one there to request a count, then technically it is a session? I’m just guessing.

[Svartalfiar]

Thanks for your interesting reply. As far as the quorum requirement, I wonder if it has anything to do with someone needing to request a quorum count and if there is no one there to request a count, then technically it is a session? I’m just guessing.

Well if no one's there to request the quorum count, then no one's there and it's a recess. A pro forma session is still actual business conducted, where that business is just saying "we're here but not doing anything productive". If they don;t have the quorum, then they aren't in active session and can't conduct business. And in order to conduct any business, they need a majority present - 51 if there are no empty Senator seats.

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business;

Really though, the way I read it is that the three-day adjournment rule between the Houses means that they are required to meet, with quorum, with no breaks longer than three days, unless both agree to adjourn. As soon as one doesn't do that, they still aren't technically in recess, but they have disagreed on time of adjournment (since not meeting for more than three days is an adjournment without approval from the other House), in which case the President can step in and tell them both to adjourn and go home, up until the end of the year. Or re-convene them if he wants them back sooner. (Art II Sect 3)

[stylin19a]

both the Hous and Senate will be holding pro forma sessions starting Monday, so technically, in session.

https://www.congress.gov/congressional-record/2019/12/19

Next Meeting of the
SENATE
10 a.m., Monday, December 23
Senate Chamber

Program for Monday: Senate will meet in a pro forma session.

Next Meeting of the
HOUSE OF REPRESENTATIVES
11 a.m., Monday, December 23
House Chamber

Program for Monday: House will meet in Pro Forma session at 11 a.m.

[Eleutheria5]

Trump never comes out to play.

[SunkenCiv]

We have a real President, one who's on top of things.

[HollyB]

Couldn’t agree more.

[HollyB]

Not many have shown themselves trustworthy. Sometimes less is more.

[Grampa Dave]

“Sometimes Trump forgets he’s the Chief Executive.”

Are you for real?

Thanks for a reality check.

[Abby4116]

I believe they started this so that Trump could NOT make recess appointments. Not any president, but targeted Trump.

[Pollard]

Mitch and the rest of the GOPe gang wouldn’t let him do it while the Mueller investigation was going on. I don’t know about since then.

[NetAddicted]

Since PDJT’s so smart, he’s got a reason.