site banner

Small-Scale Question Sunday for November 17, 2024

Do you have a dumb question that you're kind of embarrassed to ask in the main thread? Is there something you're just not sure about?

This is your opportunity to ask questions. No question too simple or too silly.

Culture war topics are accepted, and proposals for a better intro post are appreciated.

Jump in the discussion.

No email address required.

I want to know if he can feasibly be forced in. Senate Republicans don’t seem keen on confirming him, and I hear there are some constitutional powers (should have written this down) Trump can leverage to force recess appointments - will he do it? Why didn’t he do it last time?

Noel Canning's punt will come back to haunt us: Congress must be in a recess of 'sufficient length' to be a real delay, not just the three-day break of Noel Canning... but while booting the conservative-lead requirement that such appointments be to fill a space that became vacant during the recess. So Congress has since gotten into the habit of pro-forma 'sessions' that did nothing but reset the clock, hence why October and August look like this.

In theory, the President has some powers to force Congress to adjourn, in Article II, Section 3:

"... he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper;... "

But afaik this has never been used, a strict read of the text would only allow it to apply where Congress was actively unable to agree on a date of end of session, and because there are no requirements for how Congress can choose to assemble (being having to meet on the first Monday in December) I don't think it would actually work otherwise.

In practice, if Trump tries for force recess appointments, it's extremely likely that the Senate fight further on everything else, so it's a costly decision to make to even try.

Gossip on the Hill is that Republican Senators feel they can push back on one of Gaetz or RFK and get away with it (but not both). I suspect it'll be Gaetz.

I wonder if Gaetz is a maximally unacceptable figure put forth to make the still-controversial real appointment more palatable.

Would Aileen Cannon be better? I'm honestly not sure.