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) 

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