The Gaetz withdrawal shows the Constitution is being taken seriously
Another quick deviation from healthcare in the interest of democracy this Thanksgiving weekend.
On November 18, my blog covered the issue of recess appointments. I said that the Senate has to fulfill its constitutional functions and resist the concept of recess appointments as recommended by President-elect Donald Trump.
Days after taking office, President-elect Trump urged the Senate to allow him to make such recess appointments to get his cabinet and other key officials in place quickly. I argued that this would amount to an abrogation of the Senate’s duty to vet and approve key officials. Yes, recess appointments are mentioned in the Constitution, but the provision was included for good reason in bygone days when Congress was not in session year-round. It helped ensure government could function properly by giving the president some latitude to appoint officials when Congress was not meeting.
In today’s world, recess appointments are still done and can sometimes be justified. But it should be a recourse that is used sparingly. That is not what Donald Trump was calling for. He wanted the blanket authority to name anyone to important government posts.
I am happy to say that the Senate is taking its responsibilities seriously. As I stated in the earlier blog on this, I do think presidents should be able to choose the people they want to lead departments and other critical positions. At the same time, the founders built important checks and balances into our system of government. One is the “advice and consent” clause that requires the Senate to approve key high-level positions – department heads, independent agency heads, key sub-department heads, commissioners, ambassadors, and more.
The Senate does the right thing
Incoming Majority Leader John Thune walked a tightrope on the issue by arguing that the Senate should offer its advice and consent, would work expeditiously to look at nominees, and left open the possibility of recess appointments if Senate Democrats placed obstacles in front of appointments. Individual senators, too, argued that recess appointments would not be needed as the Senate would work expeditiously to vet nominees.
Most important, the issue has been tested with the nomination of former GOP Rep. Matt Gaetz. By any measure, Gaetz was a bad choice to lead the Department of Justice. He lacked the deep experience that is necessary. He held extreme views. While Trump wants changemakers in government and that is fair, Gaetz proved to be an ugly obstructionist and firebrand in Congress. He is also scandal-ridden. While the Justice Department refused to indict him, he has been accused of sexual misconduct and drug abuse. A House ethics committee report on the issues is being withheld because he now has resigned from Congress. It is one thing for a prosecutorial agency not to indict given the high threshold to convict. It is another thing to be deemed worthy of high government office. Leaked documents and information on the Justice and Ethics investigations seem to raise enough unseemly issues to disqualify Gaetz.
Gaetz began meeting with senators in anticipation of a confirmation hearing and vote. GOP senators began questioning Gaetz’s viability and in private meetings told him they would vote no. This is yet another example of advice and consent of the Senate. It quickly became clear that there were not enough votes in the 53-member GOP caucus to confirm him. He quickly bowed out. Trump has now nominated former Florida Attorney General Pam Bondi as the next Attorney General.
Conclusion
So, the Constitution worked. Senators’ loyalty to Trump did not upend their important responsibility to be an important check on the presidency. They have been sending word back to the Trump transition team that they will work quickly to carry out their duties but not shirk them. In the Gaetz case specifically, they made clear that they will not accept candidates that do not meet the high bar set for such offices.
To his credit, Trump accepted Gaetz’s fate and did not take to Truth Social to lambaste senators. He quickly named Bondi and moved on. That is not to say that he will not excoriate the upper chambers’ GOP members in the future if certain other nominations are scuttled. I would predict at least one or more may fail. But the episode shows that the Republic is not ready to fall as some Chicken Little pundits like to declare.
#constitution #trump #appointments #governance #healthcare #senate #election2024
— Marc S. Ryan
