Senators took down one Trump Cabinet pick. But the fight over their authority is just beginning

Washington (AP) It is a brief, incidentally stated sentence in the Constitution. However, as President-elect Donald Trump prepares to return to government, it is already assuming a disproportionate amount of significance.

The Senate still has the authority to advise and consent when it comes to selecting and appointing a president’s Cabinet, as demonstrated by the sudden withdrawal of Matt Gaetzas as Trump’s choice for attorney general. But while Senate Republicans attempt to uphold their constitutional responsibilities, it might only be a short-term respite from the fierce battles that lie ahead.

Trump has been announcing his Cabinet members at a breakneck pace, usually via social media, and often surprising Republican senators. In particular, Gaetz’s win on November 13 stunned and briefly perplexed Republicans. A little more than a week later, he abruptly stopped talking, leaving many speechless.

Trump moved on within hours, declaring on social media that he had appointed former Florida Attorney General Pam Bondi, another supporter, to lead the Justice Department. Trump completed the remainder of his Cabinet nominations over the weekend.

Trump’s second year in power has gotten off to a bracing start thanks to the picks’ dizzying speed. The president-elect has made it plain that he plans to appoint people who are willing to challenge Washington’s established norms. Even with Republicans in power, his ambition to fill the government with loyalists and exercise executive power in broad ways is likely to lead to regular conflicts with Congress.

It appears that my Republican colleagues, who hold positions ranging from defense secretary to others, are prepared to defect to Mr. Trump. Illinois Democrat Senator Tammy Duckworth stated on CBS Face the Nation.

As they evaluate Trump’s potential Cabinet, Republican senators are being cautious with their wording and gently reminding each other of their part in the confirmation process.

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According to Sen. Mike Rounds, a Republican from South Dakota, the constitutional mandate is unambiguous and unaffected by the personalities of those engaged. According to my method, we have an obligation to advise and consent, but we also have an obligation to give the president the benefit of the doubt when he makes nominations.

After Republican senators quietly grew apprehensive about a contentious confirmation hearing due to claims that Gaetz had sex with a minor, his nomination was buried. One exiting Republican senator, Mike Braun of Indiana, said that up to four or six GOP senators were expressing their doubts, but the actual number was undoubtedly greater.

Trump has a limited margin for error because Democrats are prepared to block Cabinet selections they consider to be extremist and unqualified. Defections from just four Republicans would result in defeat for any nominee who does not have bipartisan support, as Republicans are expected to hold a 53-47 majority in the upcoming Senate.

Confirmation is likewise a challenging process for other Cabinet nominees. Trump’s transition team has yet to complete the necessary agreements that would enable the FBI to examine his personnel choices, so nominees are sent to the Senate without the usual pre-vetting.

Trump’s nominees thus far include Robert F. Kennedy, Jr., who has also been accused of sexual misconduct and has been criticized for his opposition to vaccines; Tulsi Gabbard, a former Democratic House member who has echoed Russian propaganda and talking points; and Pete Hegseth, a Fox News personality who was accused of sexual assault but denies it; and Robert F. Kennedy, Jr., who has been nominated for secretary of health and human services.

These selections deviate from the Republican mainstream and represent a significant shift from Trump’s initial inauguration, when he primarily selected from among the ranks of highly regarded Republican elites in Washington.

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Sen. Mitch McConnell, the departing Senate Republican leader who will serve again next year, stated that the Constitution assigns us a responsibility in personnel known as advise and consent. That, in my opinion, is precisely what will happen when these nominations are really put forth, and we will handle them with the same kind of due diligence that we have given to everyone else.

Nevertheless, Trump’s supporters contend that regardless of the Cabinet’s selection, senators must be prepared to confirm it.

“I fully support President Trump’s ability to pick his people to go do that,” said Sen. Eric Schmitt, a Republican from Missouri, adding that the establishment is concerned and probably should be. “The president deserves to be able to put people in place who will do what he campaigned on, which is to disrupt.”

Following Gaetz’s resignation, Trump supporters shared the names of Republicans they thought were still supporting him on social media and in activist groups. Charlie Kirk is already putting together a grassroots army to put pressure on senators to confirm his nominations. Kirk’s conservative youth organization, Turning Points Action, collaborated closely with the Trump campaign.

That may not even be important. In order to use his constitutional authority to nominate people during break, Trump has also called on Senate Republicans to consent to letting him do so. This would entail the Senate adjourning. Sen. John Thune, who will become the Senate majority leadership in January, has stated that he would be willing to exercise that option should Democrats attempt to postpone nominations.

The Senate’s voluntary resignation to allow the president to choose high-level Cabinet members would be unprecedented in contemporary times. According to experts, it would be equivalent to ceding the chamber’s constitutional authority over Cabinet selections.

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According to Sarah Binder, a political scientist at George Washington University, it has solidified the options for Senate Republicans. To whom are you devoted, and to what extent are you prepared to sacrifice your constitutional rights and procedural rights in order to uphold President Trump?

However, some supporters of Trump have also raised the possibility that the Republican-controlled House would decide to postpone Congress. The president may use his constitutional power to adjourn Congress until a period he deems appropriate, even if the Senate rejected to do so as well. This might conceivably lead to a quarrel between the two houses.

However, that constitutional clause has never been used, and Binder claimed that Senate leaders would still have the authority to quickly reconvene the chamber. However, it would also put the senators to the test once more.

According to Binder, a constitutional system cannot function unless its members take a stance and defend their constitutional rights to counsel and consent.

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Contributions were made by Mary Clare Jalonick and Lisa Mascaro of the Associated Press.

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