As the transition to a new administration begins, it’s vitally important that Republicans in the United States Senate take a close look at all of President-elect Trump’s nominations – not just the Cabinet nominations and other top-tier offices.

According to the nonpartisan Center for Presidential Transition, there are around 1,200 positions appointed by the president and confirmed by the Senate. While that number could certainly be reduced legislatively, the Senate should reject out of hand Trump’s proposal that they go into recess and allow him to make appointments without hearings or votes.

It’s vitally important that Senate Republicans take this initial first step simply to show their independence from Trump and their devotion to the regular order of business. The Senate will likely end up confirming the vast majority of his nominees; indeed, that would probably be the case even if the Democrats had the majority.

Now, before considering that in the context of Trump’s current nominees, keep in mind that he might be making very different nominations if the Democrats had gotten the majority in the Senate. Furthermore, remember that the Senate results usually go along with the presidential election. It’s been over 50 years since they differed. That helps explain why, since then, only two Cabinet nominees have been rejected in floor votes (others have withdrawn before even facing a vote, like Tom Daschle).

It’s also necessary because, every time one party takes a step to expand its powers, the other party takes it a step further the next time it’s in office. If Trump is allowed to appoint a whole swath of his Cabinet via recess appointments, the next Democratic president would be likely to do the same – just as both parties have gradually whittled away at the filibuster.

Sure, it might be politically easier for Senate Republicans to simply adjourn and allow recess appointments, but they’d be abdicating their duties to their constituents and to the Constitution. It should be noted that this is a different situation from Senate Republicans blocking a vote on Merrick Garland’s Supreme Court nomination. That, in and of itself, was expressing a sentiment on the nominee; this would be ducking the responsibility entirely.

Advertisement

The most controversial of Trump’s nominations, Republican Matt Gaetz of Florida – or, as I call him, the Jar Jar Binks of Congress – is right to have withdrawn.

There’s simply no way that Gaetz should even have been considered as attorney general. Even if his personal record was impeccable (and it’s anything but), he simply was not qualified: he had a short stint as a civil attorney and has otherwise spent his entire career in elected office.

This doesn’t mean that every attorney general ought to come from within the department; far from it. It’s long past time to take a good, long, hard look at the Department of Justice, and bringing someone from outside to do it isn’t a bad idea. If Trump wants to shake up the DoJ, there are plenty of smart, competent, qualified conservative attorneys out there who’d be happy to do so. He can find someone who takes the department in a new direction and doesn’t have so many skeletons in his or her closet.

In general, the Senate should always have access to any information about any nominee, from their tax filings to their health records, as well as any information about any lawsuits or settlements they’ve been involved in over the years. We don’t need flawless, perfect people to serve in high office, but we do need people whose lives are an open book – at least to the U.S. Senators voting on their confirmation. It’s one thing to be willing to look past a nominee’s flaws; it’s quite another to never get a chance to learn about them in the first place. Voting on nominees is a crucial role for the U.S. Senate, but in order to make the proper decision they need to have all of the information.

All of Trump’s nominees should be given the chance to get full hearings, and votes, in the United States Senate. If they can explain their views, and justify their nominations, then they’ll probably end up being confirmed; that’s how the system works. Given Trump’s popularity within the Republican Party – and historical trends – the vast majority of his nominees will probably be confirmed, but the Senate still must demand a say in the matter. It will set an important precedent not only for the next four years but for future presidents from both parties.

Join the Conversation

Please sign into your Press Herald account to participate in conversations below. If you do not have an account, you can register or subscribe. Questions? Please see our FAQs.

filed under: