Trump’s Unconstitutional Recess-Appointment Scheme

Speaker Johnson should not give the time of day to a manufactured recess scheme that is patently designed to erase Senate constitutional authority.

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House Speaker Mike Johnson (R., La.) welcomes President-elect Donald Trump at a House Republicans Conference meeting on Capitol Hill in Washington, D.C., November 13, 2024.

Andrew Harnik/Getty Images

President-elect Donald Trump continues to stamp his detractors as prescient in their insistence that, left to his own devices, he will ride roughshod over the Constitution. I wonder whether I’ll be prescient, or be proved tragically wrong, in having opined that the Constitution’s guardrails, though barely a bump in the road for progressive Democratic presidents, will prove robust in defeating Trump’s excesses.

It’s a good time to think about this. And not just regarding my main topic, the outrageous recess-appointment scheme by which, informed hypothesis holds, the once and future president will try to install any unconfirmable nominees, such as Matt Gaetz, the prospective attorney general, and Robert F. Kennedy Jr., the nanny-state anti-vaccine crank nominated to be Health and Human Services Secretary.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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