Tag Archives: Presidential appointments

Is Senate abdicating Constitutional authority?

The Constitution, which sets forth the principle of rule of law, defines what is unconstitutional, and guarantees freedom of speech and other liberties of a Constitutional republic, and also describes the impeachment power. (How many know of the Jewish roots of this document?) Hypocrisy threatens Constitutional government. Could Israel use a constitution like this? More to the point: would a Convention of States save it, or destroy it? (Example: civil asset forfeiture violates the Constitution.) Quick fixes like Regulation Freedom Amendments weaken it. Furthermore: the Constitution provides for removing, and punishing, a judge who commits treason in his rulings. Furthermore, opponents who engage in lawfare against an elected President risk breaking the Constitution.

A bill recently reported out of a key Senate committee would vest the authority to appoint several hundred executive-branch officers in the President alone—and not all those officers are “inferior” enough to merit this consideration.

S. 679, the Presidential Appointment Efficiency and Streamlining Act of 2011, would change multiple current laws that establish several officers in the Departments of Agriculture, Commerce, Defense, Education, Health and Human Services, Homeland Security, Housing and Urban Development, and Justice. The law strikes the phrase “by and with the advice and consent of the Senate” from the Presidential instruction to “appoint” those officers. The Heritage Foundation estimates that this would affect “several hundred” officers in these departments.