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The President’s Power to Make Recess Appointments

President-elect Trump’s allies have floated the possibility of suspending Congress in order to use the Recess Appointments Clause to install Cabinet officials without Senate confirmation. In this episode, Ed Whelan of the Ethics and Public Policy Center and Thomas Berry of the Cato Institute join Jeffrey Rosen to preview this plan and debate its legal merits.

Resources:

Center for Renewing America, “Brief: On the Article II Recess Appointments Clause” (November 17, 2024)

Ed Whelan, “A Terrible Anti-Constitutional Scheme of Recess Appointments,” National Review (November 12, 2024)

Ed Whelan…

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