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Explained: The Challenges Facing Donald Trump’s Key Cabinet Picks

US President-elect Donald Trump’s latest cabinet picks are facing opposition from various quarters, with some of his key hires set to undergo further vetting, CNN reported. While many of the Republican leader’s personnel decisions are immediate, several will need Senate approval, which includes a hearing and the approval of a majority in the chamber.

Now, Trump is reportedly looking into a clause in the US Constitution that allows a president to make unilateral appointments if the Senate is not in session, as per The BBC.

How does Senate vetting work?

More than 1,000 positions, including the Cabinet, ambassadors, and some lower-level roles, require Senate approval. However, many of Donald Trump’s team members, such as those in the White House or as national security advisers, do not need Senate approval but still go through a vetting process, which may involve FBI background checks.

On Thursday, incoming Senate Majority Leader John Thune said on Fox News, “None of this is gonna be easy.” The FBI checks nominees for Senate-confirmed roles and other national security positions but does not provide an opinion on the results, leaving that to the president-elect or White House Counsel. Donald Trump’s transition team has reportedly bypassed FBI checks for some cabinet picks and is considering private vetting companies.

The Senate approval process involves submitting financial disclosure forms, completing role-specific questionnaires, and testifying before a Senate committee. The committee votes on the nomination, and the full Senate then votes. Cabinet appointments are usually approved quickly, but political conflicts can lead to intense battles and even rejections. With Republicans controlling both chambers of Congress, some disputes may be less intense, although concerns about nominees like Matt Gaetz for Attorney General have already surfaced.

What are recess appointments?

A recess appointment allows the president to make temporary appointments when Congress is not in session. These appointments are usually temporary, expiring at the end of a congressional session. Donald Trump has expressed interest in using this power to bypass Senate approval, but it is not guaranteed, as Congress would need to agree to a recess.

The recess process was originally intended for emergencies when Congress did not meet as frequently as it does now. The goal was to ensure that presidents could fill important roles without delay.

Donald Trump’s plan to use recess appointments and bypass Senate vetting has historical precedent. Former presidents, including George W. Bush (171 recess appointments), Bill Clinton (139), and Barack Obama (32), have employed this method, often to bypass political gridlock.

However, the use of recess appointments was curbed after the Supreme Court struck down several of Obama’s appointments in 2014, calling them unconstitutional.

When can Trump make recess appointments?

The President-elect can make recess appointments in two ways. First, if the Senate agrees to a recess of 10 days or more by majority vote. Second, if the House votes for a longer recess, Trump could use a rare constitutional power to adjourn both chambers of Congress.

However, Trump cannot make these appointments until after his inauguration on January 20. This power has never been used before, and it’s unclear how it would play out. Trump would need unanimous consent from all 100 senators to force a recess longer than 10 days, which is challenging given that Democrats hold 47 seats. To override opposition, Republicans would need at least seven Democratic votes or a change to the filibuster, which Senate Majority Leader John Thune has opposed.