November 13, 2024
Representative Matt Gaetz for attorney general. Surprise. That’s what President-elect Donald Trump just announced in this lengthy post on his social media page.
Trump says Gaetz is a “champion for the constitution and the rule of law”
Now – let’s talk about this. First – the attorney general like all members of a presidential cabinet, must be confirmed by the Senate. That means Gaetz and all the others who trump wants to serve in his cabinet must sit through hearings in the Senate, a floor debate and most importantly must a simple majority of Senators to vote yes in order to be confirmed.
The Senate has typically granted presidents a great deal of deference in selecting members of their cabinets. The overwhelming majority of cabinet nominations have been confirmed quickly with little debate and often with simple voice votes. Nevertheless, political and partisan conflicts between the president and senators have at times produced dramatic fights over cabinet nominees and led to those nominees ultimately withdrawing or being rejected. In recent years – instead of enduring the embarrassment of being rejected by a Senate vote, when it becomes clear that a cabinet nominee is not going to be confirmed, that nominee drops out. It happened to three cabinet nominees under Presidents Clinton, Obama and three nominees during Trump’s first term.
Gaetz –is currently under an ethics investigation in the house – yes the Republican led House has been investigating him for years. And whether that snarls his confirmation in the senate is something we will have to wait to see.
But – Trump has said he wants the Senate to go around the normal confirmation process and use what’s called recess appointments to get his cabinet members installed. Now that’s a constitutionally allowed procedural maneuver that says if the senate is adjourned, the president can temporarily appoint these cabinet members without the normal Senate confirmation process. Those recess appointments would only last until the end of that congressional term which – in this case — would be 2026. It’s also worth noting in a unanimous 2014 decision the Supreme Court limited the power of the president to fill cabinet positions through recess appointments.
And just today – while he is committed to getting trump’s nominees through the process — the new Senate Majority leader John Thune did not to commit to allowing recess appointments.
Read more about the other Presidential cabinet members who were rejected or withdrew here.
Read more about the Senate’s power to confirm nominations here.
