Pumped
and Ready to Change Structure of Government
(One
agency at a time via Trump rules)
The resignation
of Kirstjen Nielsen at HSD means
that another cabinet officer who reports directly to President Trump will have
the word “acting” next to the official title at a major department of
government.
Interim (“acting”) secretaries
are also in place at: (1) DOD, (2) Interior, (3) OMB, (4) SBA, (5) at the
UN, and (6) as Trump’s Chief of Staff.
Recall that Trump said this to
reporters in January:
“I like acting. It gives me more flexibility.
Do you understand that? I like acting. So we have a few that are acting. We
have a great, great cabinet.”
(The impact of
this now rather routine approach to governing that Trump either does not seem
to grasp or care much about in his quest, as I’ve said for a very a long time,
his quest to be a “one-man” show is very disconcerting thus):
(1) There
are concerns about having men and women in such high-level jobs without having
been subjected to Senate confirmation for those posts.
(2) Leaving
cabinet secretaries unconfirmed in their roles could give the president even
more leverage over them, or could leave them without full authority in the job.
Historical note from Paul Light, a
professor of public service at NYU who has written extensively on the
appointment process:
“The Senate grappled with this question
in the very first Congress when it ordered George Washington to send
nominations to the Hill at a reasonable pace. Senators rightly worried that
presidents might use acting appointees to evade oversight and institutional
prerogatives. Yet, we haven’t heard a word from the Senate on the Trump
administration’s abuse of its acting authority.”
Justice Clarence Thomas argued a concurring
opinion in a 2017 case that: [“… there was
seemingly no constitutional basis for having acting cabinet members and that
there needed to be limits on a president’s power to fill the highest positions
without Senate confirmation.”]
FYI: U.S. Constitution - Article 2
Section 2 requires that the president obtain “the advice and consent of the Senate” before appointing cabinet
officials and a few other provisions therein.
Legal scholars have also questioned the president’s
power to use the “acting” authority in replacing Ms. Nielsen at HSD. This from Steve Vladeck, law professor at the
University of Texas, April 8, 2019:
“To me, the real difference is avoiding
Senate confirmation — either because the individuals he wants running these
agencies can’t be confirmed even by a Republican-controlled Senate, or because
he’s worried about the kinds of questions they’d have to answer and or
concessions they’d have to make in order to be confirmed, either way, that’s an
alarming argument for bypassing a Senate controlled by his own party.”
Continue article at the NY TIMES here via MSN.
My 2 cents: Just mark this up as another dumb-ass
Trump ploy for surely that is what it is.
Yes, he is president, yes, his base
sticks with him through thick and thin, but why is beyond any comprehension
except his base hates DEMS more than they care about rational government from
Trump, thus they accept anything he says or does and that is very worrisome above
all else.
Thanks for stropping by.
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