EDITORIAL: President Donald Trump threatens end run to fill vacancies

One of the interesting developments defining the coronavirus crisis is how many of the current administration’s critics who previously accused President Donald Trump of behaving like a dictator are now complaining that he isn’t behaving like a dictator.

Which is it?

The charge was always one of partisan political convenience, of course. Our democratic republic has survived much worse than the current president’s penchant for bombast and bluster. America’s constitutional guardrails — the checks and balances inherent in our three equal branches of government — have proven quite effective at deterring dangerous excesses, despite the overheated rhetoric of the vocal Trump Resistance. And as that same Resistance demanded Mr. Trump exercise unprecedented federal powers to prevent the spread of coronavirus, he was reluctant to do so, preferring to leave many decisions up to the states.

Go figure.

While he’s a sorry excuse for a dictator, Mr. Trump does sometimes seek shortcuts to implement his agenda. But it’s a tendency that has characterized many other presidents, including Barack Obama. Consider Mr. Trump’s threat this week to go around Congress to fill several administration vacancies.

During his daily coronavirus briefing on Wednesday, the president expressed frustration that Senate Democrats have blocked many of his executive branch appointments, some for two years or more. The situation has only worsened during the virus shutdown, with the upper chamber at a standstill.

“The Senate should either fulfill its duty and vote on my nominees, or it should formally adjourn so that I can make recess appointments,” he said. “If the House will not agree to that adjournment, I will exercise my constitutional authority and adjourn both chambers.”

Recess appointments are temporary and allow presidents to fill vacancies when Congress is not in session. Problem is, Mr. Trump has no constitutional authority to act until both the Senate and House are adjourned — and he has no power to intervene in that regard until the Senate and House are actually at odds over adjournment. In addition, the Senate is under no obligation to consider his appointments.

For those who consider Mr. Trump’s threat to circumvent the confirmation process a danger to democracy, consider that Mr. Obama tried a similar gambit. In 2012, he unilaterally named three appointees to the National Labor Relations Board even though the Senate was in session. No progressive called him a dictator, although the Supreme Court unanimously overturned the appointments.

Mr. Trump’s frustration is understandable, but it’s no license to stretch the Constitution. The president should either wait for a true adjournment to make his recess appointments or twist enough arms to advance the stalled nominees.