The Senate must confirm Cabinet members—can the president bypass this by making "recess appointments"?
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The Senate must confirm Cabinet members—can the president bypass this by making "recess appointments"?

Accepted Answer

Article II allows the president to make temporary appointments when the Senate is in recess—without Senate confirmation. However, the Senate changed its procedures to remain technically "in session" so presidents cannot use recess appointments to bypass confirmation votes. When Trump took office in 2025, his team attempted recess appointments for controversial nominees. The Senate refused to formally recess to prevent this. The real question is: do courts let presidents appoint controversial figures without Senate approval?

The Senate must confirm Cabinet members—can the president bypass this by making "recess appointments"?

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