Donald Trump

Jacob Sullum | 11.15.2024 2:10 PM

"Are you shittin' me?" Rep. Mike Simpson (R–Idaho) asked when informed that Donald Trump planned to nominate Matt Gaetz—a former Florida congressman with scant legal experience who is known mainly for antagonizing fellow Republicans and vigorously defending the former and future president—as attorney general. Other Trump picks, including Fox News host Pete Hegseth as secretary of defense and anti-vaxxer Robert F. Kennedy Jr. as secretary of health and human services, have provoked a similar response.

Even in a Republican-controlled Senate, questions about the qualifications of Trump's proposed cabinet members might pose problems during their confirmation hearings. Article II, Section 2, Clause 2 of the Constitution says the president "shall nominate" all "officers of the United States" and "shall appoint" them "by and with the advice and consent of the Senate." With 53 GOP senators and ties decided by the vice president, opposition by just four Republicans would be enough to block a nomination, and several of them already have indicated they do not plan to rubber-stamp Trump's choices. But Trump is pushing an alternative that would avoid the need to obtain the Senate's approval.

"Any Republican Senator seeking the coveted LEADERSHIP position in the United States Senate must agree to Recess Appointments," Trump wrote in an X post on Sunday, "without which we will not be able to get people confirmed in a timely manner." He was referring to Article II, Section 2, Clause 3, which says, "The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session."

Sen. John Thune (R–S.D.), who was elected majority leader of the incoming Senate on Wednesday, seems open to this option. "We must act quickly and decisively to get the president's nominees in place as soon as possible, & all........

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