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Trump is putting pressure on three senators vying for the Republican leadership of the US Senate

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WASHINGTON – President-elect Donald Trump is making demands for the next Senate Republican leader ahead of a closed-door vote this week, writing on social media that whoever is elected should not be in the chamber early next year, so that he can appoint whoever he wants without having to go through the confirmation process.

“Every Republican senator seeking the coveted leadership position in the United States Senate must agree to recess appointments (in the Senate!), without which we will not be able to confirm people in a timely manner,” Trump said wrote. “Sometimes the votes can take two years or longer. They did this four years ago and we cannot allow something like this to happen again.”

If the Senate were to take an extended recess after Inauguration Day on Jan. 20, it would ensure that Trump would be able to freely fill top positions in the government, including defense secretary and treasury secretary, without needing the support of centrist GOP lawmakers. Senate Republicans are on track to win a 53-seat majority, with one race in Arizona still undecided.

Texas Senator John Cornyn, Florida Senator Rick Scott, and South Dakota Senator John Thune – who are in the competition for the post of majority leader – Everyone quickly aligned themselves with their own social media posts about so-called break dates.

“It is unacceptable for Senate Democrats to block President @realDonaldTrump’s Cabinet appointments,” Cornyn wrote on social media. “If they do, we will stay in session, even on weekends, until they give in. In addition, the Constitution expressly gives the President the authority to make appointments during recess.

“Article II, Section 2, Clause 3: The President shall have power to fill any vacancy during the recess of the Senate by the grant of commissions to expire at the end of their next session.”

Thune wrote: “We must act quickly and decisively to get the President’s nominations as quickly as possible, and all options are on the table to achieve this, including recess appointments.” We cannot allow that Schumer and the Senate Democrats are blocking the will of the American people.” Chuck Schumer, a New York Democrat, is Senate Majority Leader.

Scott commented on Trump’s original post and said he agreed “100%.”

“I will do everything I can to get your nominations through as quickly as possible,” Scott said.

Ignoring the Senate’s advisory and consent powers would likely result in no committee hearings for the nominees named through recess appointments, leaving them free from lawmakers’ questions about their experiences and policy goals would have to answer.

It would also prevent senators from having to take potentially arduous votes on potentially controversial Trump nominees.

Trump has just begun announcing who he is selecting for positions in his next administration, naming a “border tsar,Ambassador to the United Nations and EPA Administrator as of Monday afternoon.

Supreme Court ruling

For years, the Senate has avoided taking a break of more than three days in the middle of a session, with both Republican and Democratic majorities.

When the Senate leaves the Capitol for weeks, the chamber instead holds a so-called pro forma session every three days to prevent appointments during recess. These usually only last a few minutes and generally do not involve any legislative matters.

The pro forma sessions stem in part from a unanimous June 2014 Supreme Court ruling that a president could fill vacancies during a congressional recess that lasted longer than 10 days.

“Given historical practice, a break of more than three days but less than 10 days is probably too short to fall within the clause,” the judges said wrote in the National Labor Relations Board against Noel Canning.

This case began after then-President Barack Obama made three appointments to the National Labor Relations Board in 2012, even as the Democratic-controlled Senate held pro forma sessions every few days.

Opposition to Obama’s pause in appointments

Republicans in Congress, including Thune and Cornyn, praised the Supreme Court’s decision at the time and sharply criticized Obama for trying to bypass the Senate.

Thune published a written statementHe said the Supreme Court blocked Obama from trying to “violate the separation of powers.”

“When the President could not get his appointments passed through the Senate, he chose to ignore the law and attempt to bypass Congress,” Thune wrote. “I am pleased that the Supreme Court has unanimously rejected the President’s attempt to circumvent the Constitution. Today’s decision reinforces the fact that Congress, not the President, has the authority to set its own rules.”

Cornyn criticized Obama for his “unilateral actions” that “gave the impression that he doesn’t care what Congress says.”

“In fact, this morning the Supreme Court censured the president for an illegal recess appointment — an unconstitutional recess appointment,” Cornyn said during a speech, according to a statement the congress minutes.

Scott was not a member of Congress when the Supreme Court issued its ruling.

At the time, Iowa Republican Senator Chuck Grassley praised “the Supreme Court’s decision to strike down President Obama’s illegal recess appointments.”

“Article II, Section 2 of the Constitution provides for only two ways in which presidents may appoint certain officers: First, it provides that the President shall appoint and appoint various officers by and with the advice of the Senate,” Grassley said. “Second, it allows the president to make temporary appointments if a vacancy arises in one of these offices while the Senate is in recess.”

During Trump’s first term, Senate Republicans held pro forma sessions to avoid recess appointments and ensure the chamber had time to vet the people Trump tapped to run some of the country’s most powerful institutions, including the Ministry of Defense, wanted.

Any future appointments Trump might make during the recess would expire at the end of the Senate’s “next session,” meaning he would have to go through the process again within two years, according to one report from the nonpartisan Congressional Research Service.

Election scheduled for Wednesday

Senate Republicans will hold a closed-door, secret-vote leadership election on Wednesday to select recent colleagues to fill the top positions.

Kentucky Senator Mitch McConnell, who has held the title of Republican leader since 2007, decided not to continue in that role after the start of the recent Congress, leading to a three-way race between Cornyn, Scott and Thune.

Whoever Republicans choose as their next leader, along with other members of the leadership team, will play an critical role in setting the Senate’s agenda for the next two years and setting the tone for the incoming Trump administration.

They also need to negotiate deals with Democrats on must-pass legislation, such as the government’s annual funding bills and annual defense policy bills.

John Barrasso of Wyoming is running unopposed for the whip position currently held by Thune and previously by Cornyn.

Arkansas Senator Tom Cotton and Iowa’s Joni Ernst compete to fill the No. 3 leadership position of Conference Chair, currently held by Barrasso.

Republicans will also elect a policy committee chair, a conference vice chair and a National Republican Senatorial Committee chair to complete the six-member Senate leadership team.

Last updated on November 11, 2024 at 4:06 p.m

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