Congressional Obstruction and the Case Adjournment
Moments of extraordinary peril have demanded extraordinary action. Today, as the nation teeters on the precipice of economic turmoil and national insecurity, President Trump finds himself facing an adversary not foreign but domestic: a Congress shackled by obstructionism. The Democrats’ calculated stonewalling of key cabinet nominations, including CIA nominee John Ratcliffe and DOJ nominee Pam Bondi, has left federal agencies rudderless, vulnerable, and infiltrated by what can only be described as the Deep State. Trump’s power to adjourn Congress—a constitutional provision buried in the seldom-visited corridors of Article II, Section 3—may be the nation’s best hope for restoring order and ensuring competent leadership at the helm of our government.
The Framers of the Constitution, wise to the capricious nature of politics, granted the president the power to adjourn Congress “in extraordinary occasions” when the House and Senate fail to agree on adjournment. Alexander Hamilton, in Federalist No. 70, extolled the virtues of a decisive executive, arguing that energy in the executive is “a leading character in the definition of good government.” While this power has never been exercised in the nation’s history, its inclusion underscores the Framers’ recognition that paralysis within the legislative branch can imperil the republic.
Indeed, Justice Joseph Story’s commentaries on the Constitution describe the adjournment clause as a safeguard against legislative dysfunction. The current congressional deadlock, with Democrats weaponizing procedure to undermine executive appointments, exemplifies the very “extraordinary occasions” that justify invoking this power.
The stakes could not be higher. With the CIA and DOJ operating under interim leadership, their ability to counteract threats—both foreign and domestic—is severely hampered. Ratcliffe’s delay ensures that the CIA remains a playground for DEI zealots and entrenched bureaucrats. Similarly, without Pam Bondi’s confirmation, the DOJ continues to sidestep Trump’s mandate to root out ideological rot. Recent revelations of agencies rebranding DEI positions to evade detection highlight the Deep State’s subversive ingenuity—a direct challenge to Trump’s executive orders banning such programs. The message is clear: without Trump appointees in key positions, federal agencies will remain unaccountable fortresses of woke orthodoxy.
Historically, periods of executive action have often followed legislative gridlock in times of crisis. Abraham Lincoln’s suspension of habeas corpus during the Civil War and Franklin D. Roosevelt’s aggressive New Deal measures illustrate that decisive action, while controversial, is sometimes necessary to preserve the nation’s integrity. The present crisis, though less visible, is no less existential. National security cannot afford to be a casualty of political gamesmanship.
The economic ramifications of congressional obstruction extend beyond the Beltway. With inflation persisting, global markets jittery, and outgoing Treasury Secretary Janet Yellen warning that the government will run out of money this week, the United States faces a dire emergency. Yellen’s suggestion for the incoming Treasury Secretary to implement extraordinary measures underscores the urgency. Without Trump’s Treasury Secretary nominee, Scott Bessent, at the helm, who is running the show—a second-string quarterback? Treasury, Commerce, and Energy, among others, require Trump-aligned leadership to implement policies that restore fiscal discipline and energy independence, ensuring America’s financial stability during this critical moment.
Consider the contrast: during the Reagan administration, swift executive appointments enabled the rapid implementation of supply-side economics, catalyzing a historic economic boom. Conversely, today’s delays have left markets uncertain and businesses hesitant, awaiting clarity from an administration hamstrung by partisan brinkmanship. By adjourning Congress and making recess appointments, Trump can bypass the stalemate and restore confidence in America’s economic stewardship.
Critics may balk at the unprecedented nature of adjourning Congress, invoking fears of executive overreach. Yet such criticisms ignore the reality that precedent is not destiny. When Ronald Reagan fired air traffic controllers during the PATCO strike, he faced similar accusations of authoritarianism. History, however, vindicated him as a leader who prioritized national interest over fleeting norms.
Furthermore, the Constitution’s silence on the length of adjournment grants Trump significant discretion. As the Supreme Court’s decision in NLRB v. Noel Canning clarified, a recess of ten days is sufficient to activate the Recess Appointments Clause. By adjourning Congress over a weekend, Trump can legally appoint his cabinet, ensuring that Senate deliberations proceed without jeopardizing national security or economic stability.
The specter of the Deep State looms large. Recent investigative reports reveal an entrenched bureaucracy—particularly within intelligence and law enforcement—dedicated to undermining Trump’s agenda. These unelected officials have exploited vacancies to shield their machinations, from rebranding DEI departments to slow-walking compliance with executive orders. By filling these vacancies, Trump can dismantle this unelected cabal and restore accountability to the executive branch.
How it Would Work
The president could trigger the adjournment clause with the help of either the House or Senate through a specific series of events. First, one chamber, say the Senate, led by Majority Leader John Thune, would need to pass a resolution to adjourn for a period of more than three days. This could be done with a simple majority vote, as a motion to adjourn cannot be filibustered according to Senate Rule XXII(1). Next, the House, under the leadership of Speaker Mike Johnson, would need to either actively reject the Senate's adjournment resolution or fail to act on it before the proposed adjournment date. Given the Republican majority, the Senate could lose up to three votes, while the House could lose up to five votes, and still pass the resolution. This lack of agreement between the chambers would then allow the president to step in and formally adjourn Congress to a time of his choosing. This scenario highlights how the president could use the adjournment clause, with the cooperation of one chamber of Congress, to potentially create a recess and make recess appointments.
The time for half-measures has passed. In this moment of crisis, Trump must wield the constitutional tools at his disposal to adjourn Congress and make recess appointments. The stakes—national security, economic stability, and the integrity of federal agencies—are too high to allow congressional obstruction to persist. Just as Lincoln’s bold actions preserved the Union, Trump’s decisive use of the Adjournment Clause can ensure that the republic remains secure, prosperous, and true to its constitutional principles. To paraphrase Reagan, history will remember not the critics who howled but the leader who acted.
FLASHBACK: In 2012, President Obama unilaterally decided that the Senate was in recess, despite the Senate not officially being in recess. Acting on this assumption, he made four recess appointments on January 4, 2012. This decision led to a legal challenge (NLRB v. Noel Canning), and nearly two years later, on June 26, 2014, the Supreme Court ruled that the Senate had not been in recess. Ironically, the ruling came too late to matter. By the time the Court invalidated the appointments, Obama's appointees had left office. This highlights the slow pace of judicial resolution—something Democrats have exploited when using the courts to obstruct Trump’s initiatives. However, Trump could just as easily turn this delay to his advantage, just as Obama did. The risk, of course, lies in losing the case. Every action and decision made by Obama’s recess appointees who were not eventually confirmed were ultimately declared invalid.
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