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Here’s a good essay from @steve_vladeck on ways for Congress to change the law to make it harder for a President like Trump to bypass the Senate confirmation process. So why is changing the law necessary? Well...
2. We’d need to change the law if the Senate majority were unwilling to impose any costs on Trump for leaving large Departments headed by acting, unconfirmed appointees. But a majority unwilling to do this would not be willing to change the law. What could Senators do now?
3. They could start with public statements. A letter from @senatemajldr to the President demanding nomination of new @DeptofDefense & @DHSgov Secretaries could go a long way. Since this President does not read, perhaps a TV talk show appearance might be more effective.
4. Next, Senate Republicans could stonewall Trump’s other nominations until he chose people to fill vacant Executive Branch posts. Many of them are passionately committed to handing their legislative authority to the judges Trump puts on the bench, so this would be a sacrifice.
5. But Trump would have to respond to it. Another option would be threatening to support disapproving Trump’s emergency declaration, made to justify seizing funds to pay for his stupid wall. I don’t recommend this myself — the emergency declaration should be blocked regardless
6. But it’s an option. Democrats in the Senate— those who are not running for President, anyway — could help by raising the Senate’s prerogative to confirm nominees at every opportunity. Unconfirmed acting heads of Cabinet Departments are not a controversy now. Make them one.
7. Action by Democrats is the more important because my ideas run into the same obstacle as do @steve_vladeck’s — @senatemajldr is more loyal to Trump than he is to the Senate. So are @ChuckGrassley, @RoyBlunt, @JohnCornyn & the rest of their Senate Republican colleagues.
8. It isn’t that all GOP Senators like arbitrary Presidential appointments. But they’re terrified of Trump, & don’t value the Senate as an institution enough to insist on its prerogatives. They haven’t learned that standing up to Trump is the only way to moderate his behavior.
9. No amount of fiddling with the Senate confirmation rules will accomplish anything if Senators shrink from defending their institution and exercising its power. Weak Senators make a weak Senate, and that’s our problem right now. [end]
