Tuesday, July 21, 2020

President Trump Abuses the Appointments Clause of Constitution

   I am not scholar enough to know how much abuse there has been by past presidents, but President Trump has abused the appointments clause of the Constitution, and I do wonder but what he hasn't exceeded the abuse of past presidents.
   The Constitution having value, and the form of government it establishes having value, we should not take this lightly. The Constitution went at least a little ways towards taking "cronies" out of government. So, you want to surround yourself with those who are personally loyal to you to a greater degree than is prudent? Sorry, but the Constitution provides some defense against that. Incestuous politics, if we can use the term, are not wanted.
   The Constitution says the president shall nominate and appoint the officers of the land "by and with the Advice and Consent of the Senate." Ambassadors and public ministers are among those who need approval by the Senate.
   In contrast, President Trump installed Ken Cuccinelli as acting director of U.S. Citizenship and Immigration Services, and Mark Morgan as acting director of U.S. Immigration and Customs Enforcement without getting Senate approval. Matthew Whitaker was installed as acting attorney general without approval. Chad Wolf has been "acting" secretary of the Department of Homeland Security since November, 2019. He was confirmed to be undersecretary, but not to be secretary. There may be others, as I am not up to speed on all those who have not received Congressional approval.
   I do wonder about Trump's daughter, Ivanka Trump, and her husband, Jared Kushner, who are advisors to the president. Ivanka has a chief of staff, which indicates she is an officer over somewhat of a department. Does not that make her senior-enough of an official to need Senate approval? Should not her husband also have needed Senate approval? He has been involved in peace discussions with other countries. If the Constitution says ambassadors need approval, what he is doing puts him in the same category.
   Cronyism in America should be avoided, when it can be. The Constitution can be a shield against it. Do we, then, insist that we adhere to the appointments clause? Yes, for this is part of upholding the Constitution.

(Note: Some rewording done 7/22/20)

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