Op-Ed: Trump’s Power to Adjourn Congress Threatens Checks, Balances, and US Allies
Rep. Matt Gaetz, the attorney general nominee, enters a private meeting with Vice President-elect JD Vance and members of the Senate Judiciary Committee. (Photo: AP Photo/J.Scott Applewhite)
As President-elect Donald Trump announces his picks for Cabinet members and leaders of various federal agencies, many people are alarmed. The convicted felon and incoming commander in chief appears to be assembling a coalition of “Make America Great Again” loyalists rather than qualified officials to lead the federal government. Among these unconventional and controversial choices is Rep. Matt Gaetz, whom Trump has nominated to lead the Justice Department as attorney general.
Trump has acknowledged that Matt Gaetz is unlikely to be confirmed by the Senate, yet he has no intention of withdrawing the controversial nomination. In fact, he does not plan to back down on any of his nominations. While Trump may have full confidence in the loyalty of Republican legislators, it is also plausible that he has alternative plans to circumvent potential rejections of his nominees.
Gaetz’s unpopularity among Senate Democrats and Republicans has sparked debate over whether his nomination will be confirmed by Congress. It is quite likely that the Senate will reject his nomination, prompting discussion of a constitutional loophole that has never been used in US history. Article II, Section 3 of the Constitution states that if the two houses of Congress cannot agree on adjournment, the president has the authority to adjourn Congress as “he shall think proper.”
Rep. Matt Gaetz, who was first elected to Congress in 2016, the same year Trump won his first term as president, has faced scrutiny for a variety of alleged crimes, such as sex trafficking. The most recent investigation into Gaetz involves allegations that he had sex with a minor. While the House Ethics Committee has completed its report, and senators on both sides of the aisle have advocated for this report to be made public, Speaker of the House Mike Johnson has refused to release it. Johnson argues that the report cannot be disclosed because Gaetz is no longer a member of Congress, having resigned shortly after his appointment as attorney general was announced. Would Johnson be this reluctant to release a widely requested report if the president-elect’s attorney general nominee were innocent?
Donald Trump at an election night gathering at Mar-a-Lago in Florida. (Photo: AP Photo/Lynn Sladky)
Throughout his campaign, Trump repeatedly vowed to prosecute his political enemies if re-elected. Among his targets were former Rep. Liz Cheney, Vice President Kamala Harris, and journalists who refused to provide confidential sources. Trump also claimed that he would launch an investigation into President Joe Biden and his entire family in retaliation for the Justice Department’s investigations into the president-elect’s conduct during the Biden Administration. If confirmed, Gaetz would be tasked with carrying out this persecutory agenda.
While Trump may be able to persuade Republican senators to confirm even his most controversial nominations, Americans should not rule out the possibility that he could attempt to consolidate appointment power within the executive branch if Senate Republican loyalty wavers.
Sen. John Thune, the incoming Senate majority leader, has stated that he intends to hold confirmation hearings for all of Trump’s nominations. Recess appointments may be the only way Trump can successfully establish his ideal Cabinet if the Senate rejects one of his nominations. The speaker of the House has already signaled his willingness to motion for Congress to adjourn, enabling the 47th president to appoint controversial figures as heads of government departments without congressional confirmation.
If Congress is adjourned indefinitely, American international allies could face significant challenges. Congress holds the unique authority to determine government spending, including aid to allied nations. While the 2024 National Defense Authorization Act requires a two-thirds vote in the Senate for a president to withdraw from the NATO alliance, adjourning Congress could significantly expand executive power, leaving fewer checks from the legislative branch. Without the United States’ presence in the NATO alliance, foreign adversaries such as Russia, Iran, and China could be emboldened to take more direct action against the nation’s allies, particularly in Eastern Europe and the Middle East.
Furthermore, members of the president’s Cabinet frequently interact critically with world leaders. Rep. Elise Stefanik, who has no direct experience in international relations, has been selected as ambassador to the United Nations. In fact, as a congresswoman, she has been highly critical of the UN’s efforts to resolve the conflict between Israel and Palestine. Pete Hegseth, a Fox News personality, would become the least experienced individual to ever lead the Department of Defense. Without thorough scrutiny from Congress, potentially unqualified appointees could be left in charge of international affairs.
The American people have elected Trump into office, granting him the constitutional authority to adjourn Congress. Appointees like Matt Gaetz are unpopular for a reason, yet Trump may disregard the will of the same American people who voted him into office by exercising this power. Such actions would contradict the president-elect’s constituents’s wishes and endanger the nation’s allies abroad.
Editor’s Note: This article was written before Matt Gaetz withdrew his nomination as attorney general.