President Donald Trump on Wednesday threatened to use a never-before-used power that allows the president to adjourn Congress if the House and Senate won't voluntarily adjourn, so he can appoint judges and other executive branch officials without the Senate's approval. At Wednesday's White House Coronavirus Task Force daily briefing, Trump claimed that 129 unconfirmed nominees were stuck in limbo because of partisan obstruction" by Democrats despite the fact that Republicans ... control the pace at which nominees are confirmed. Under the U.S. Constitution, "Officers of the United States" are appointed with the "advice and consent" of the Senate. This category includes all federal judges, ambassadors, cabinet secretaries and the heads of many federal agencies. While the Constitution provides for the president to make recess appointments to fill positions when Congress has adjourned, presidents have largely been unable to exercise that authority since 2006, when Democrats took control of Congress and began holding pro forma sessions every few days without formally adjourning, to circumvent the requirement that neither chamber adjourn for more than three days without the consent of the other. Because the Democratic-controlled House has not consented to the Republican-controlled Senate adjourning, both chambers have been holding the brief sessions, which has denied Trump the ability to fill vacancies with nominees who might not be able to gain the Senate's approval.
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