The President’s Power to Make Recess Appointments

The President’s Power to Make Recess Appointments

Author: National Constitution Center November 22, 2024 Duration: 51:04
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, “The House Has No Authority to ‘Disagree’ with Senate’s Decision to Remain in Session,” National Review (November 17, 2024)  Edward Whelan, “The Radical Consequences of an Immediate Senate Recess," National Review (November 19, 2024)  Thomas Berry, “Thomas Berry (Cato Institute) on Trump's Recess Appointment Plan,” Volokh Conspiracy (November 15, 2024)  National Labor Relations Board v. Noel Canning (2014)  Alexander Hamilton, Federalist No. 76 (April 1, 1788)  Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

Hosted by National Constitution Center President and CEO Jeffrey Rosen, We the People is a weekly conversation that digs into the constitutional questions shaping the country right now. This isn't just a history lesson, though historical context is always part of the discussion. Instead, each episode brings together leading voices-legal scholars, journalists, public officials, and advocates-to engage in thoughtful, civil debate. You'll hear genuine dialogue where participants articulate and defend their positions, offering a clearer understanding of the complex legal and philosophical principles at stake. The goal is to move beyond headlines and soundbites, providing a forum where the best arguments from all sides are presented with depth and respect. Tuning into this podcast feels like sitting in on a crucial discussion at the intersection of law, politics, and society, one that illuminates how the Constitution actively influences contemporary American life. Produced by the National Constitution Center, it serves as an essential resource for anyone looking to deepen their grasp of the nation's founding document and its powerful, ongoing role in our public discourse.
Author: Language: English Episodes: 100

We the People
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