Monday, November 18, 2024

Ipse Dixie

     House Speaker Mike Johnson might need to do a little homework.  In an interview Sunday, he griped, "I wish the Senate would simply do its job of advise and consent and allow the president to put the persons in his Cabinet of his choosing." [Emphasis mine.]

     Except that's not how it works, and you don't have to take my word for it.  Ask the arch-conservative Federalist Society.

     Article II, Section 2, Clause 2 does not mean "drop hints and go along."  It obliges the U. S. Senate to behave like the deliberative body they are, to openly discuss the nominee and vote on confirming their appointment, yes or no.  Getting the job is not guaranteed simply because the Chief Executive thinks you're the right disruptor for the position.

     Yes, it's awkward and inefficient to require the President and Senate to do some give and take over his choice of office-holders.  But those offices are, per the Constitution, created by Congress.  This back-and-forth is an attempt to fix two problems: the often-abused power of the British Crown and especially Royal Governors to create and fill high offices, and the post-Revolution (but pre-Constitution) arrogation by State Legislatures of those same powers.  By splitting them up and requiring some degree of debate, the Framers hoped to moderate and democratize the process.  You can think of it as a kind of grown-up version of the childhood method to fairly divide treats: one kid slices the pie, the other chooses who gets what piece.

     A large, powerful government had damned well better be slow and inefficient when it comes to appointive office like Cabinet members, Department Chairs and Ambassadors: those boys and girls can do a whole lot of damage, blow though budgets, mess up important projects, insult allies, stumble into wars with enemies and more.  Let's take our time.  Let's give the Senate, eyes and ears of the fifty States, a chance to look 'em over and put the matter to a vote.

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