SECRET: If you were listening closely you might have heard Trump mention a 'secret' he had with Speaker Johnson. It is abundantly clear that if Trump wants to put his dream team together he's going to need to make a BUNCH of recess appointments. The Senate is unlikely to agree to adjourn so he can use his authority to adjourn both chambers as long as Johnson cooperates. Is that the 'secret' Trump mentioned?
Under Article II, Section 3 of the U.S. Constitution, the President has the authority to adjourn Congress in the case of a disagreement between the House and Senate over the time of adjournment. It's a power that has never been used, and its scope remains relatively untested. Here’s a quick summary of the conditions that would be needed:
One House Must Request Adjournment:
One of the chambers (in this case, likely the House of Representatives, led by Speaker Johnson) would formally seek to adjourn.
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The Other House Must Refuse: The other chamber (in this scenario, the Senate) must then refuse to agree to this request. If this condition is met, it opens the door for the President to step in and resolve the disagreement by adjourning both chambers.
Once Congress is adjourned, the President could use the recess to make "recess appointments" under Article II, Section 2 of the Constitution. This would allow Trump to install his preferred Cabinet members without Senate confirmation.
h/t@Liberal_Lampoon
