Trump’s Faulty Recess Appointments Stratagem

The withdrawal of Matt Gaetz from consideration as a nominee for attorney general may quiet the dispute surrounding President-elect Donald Trump’s stratagem of using recess appointments to avoid risking a Senate vote on some of his nominees. Despite this momentary calm, Trump’s stratagem remains a bad idea.

Let’s start with three constitutional fundamentals. First, Article II gives the president the sole power to nominate and appoint all principal officers of the United States but only with the advice and consent of the Senate. Although the Senate has no power to nominate and appoint, it checks and balances the president’s power with its power to withhold consent.