By Carl Hulse
President-elect Donald Trump’s ambition to bypass established governmental boundaries will pose a significant challenge to whether the Republican-led Senate can uphold its constitutional function as an autonomous entity and a safeguard against presidential overreach.
As Trump introduces a series of controversial potential appointees and threatens to contest congressional power in various manners, Republicans poised to maintain the majority in January may find themselves in a delicate situation, deciding between defending their institution or yielding to a president who disregards government standards.
The most apparent and immediate source of conflict is likely to stem from Trump’s attempts to bypass the Senate’s conventional confirmation process to place loyal supporters, including individuals with questionable histories, in his Cabinet. Furthermore, the president-elect has indicated he anticipates Senate Republicans to agree to his policy desires, even at the cost of compromising Congress’ authority over federal expenditures. Both of these actions are powers explicitly granted to the legislative branch by the Constitution.
Legislators and experts assert that permitting Trump to diminish the Senate’s ability to evaluate nominees by circumventing it through recess appointments or diluted background scrutiny could inflict lasting harm on the Senate and weaken the constitutional framework.
“This is a vital component in the system of checks and balances,” stated Ira Shapiro, a former long-term Senate staff member and author of three volumes on the institution. “The core of the Senate’s duties is its advice and consent authority.”
He and others were encouraged by the Senate’s resistance that resulted in the withdrawal of former Rep. Matt Gaetz from consideration for attorney general. The selection of Sen. John Thune from South Dakota as the incoming majority leader, despite a MAGA-backed campaign to oust him in favor of Sen. Rick Scott from Florida, a staunch Trump supporter, was also interpreted as a sign that some Senate Republicans were unwilling to yield to Trump.
However, Thune’s election occurred via secret ballot, and Gaetz likely represented merely the initial attempt by Trump and his supporters to subdue the Senate.
The potential for a constitutional confrontation between Republican senators and a president from their own party took shape with Trump’s request for Senate leaders to adopt so-called recess appointments—a controversial method of placing nominees when the Senate is not in session—to bypass objection and hasten the endorsement of his appointees.
This notion immediately raised alarms among some Senate Republicans who regard their advice and consent responsibilities defined in Article II, Section 2 of the Constitution as central to their duties. Several stated their intention to protect it; Sen. Mitch McConnell from Kentucky, the outgoing Republican leader, has indicated he might be one of them.
“The Senate has a constitutional duty that many of us take very earnestly, the advice and consent clauses,” remarked Sen. Susan Collins, R-Maine. She noted that relinquishing that power “would be a breach of the founders’ intent. We would be disregarding specific language in the Constitution, fundamentally undermining the Senate’s authority and our responsibility.”
Scott embodies a faction of Senate Republicans with deep loyalty to Trump and the MAGA ideology, consisting of both seasoned conservatives and newer legislators from the last two electoral cycles, including this year’s victors who benefitted from Trump’s influence. Collins represents a faction of institutionalists that includes Sen. Lisa Murkowski from Alaska and McConnell, who has strongly opposed recess appointments.
“Senators are free to vote as they please, but we all pledge to uphold the Constitution, which encompasses the advice and consent provisions,” stated Sen. John Cornyn, R-Texas. “Some individuals may feel so passionately about this administration that they opt to approve all nominees, and that’s their choice. That’s not my stance.”
The rift among Senate Republicans regarding how far they will support Trump leaves Thune, who will assume leadership on January 3, in a delicate position. He has stated that Trump has the prerogative to select his top officials, but Thune has also hinted at his commitment to upholding the Senate’s role in evaluating and voting on those chosen for the highest executive positions. Thune has declared that all avenues remain open for achieving this.
“I have always believed that a president should be deferred to regarding their preferred Cabinet appointees for these critical roles,” he expressed in November on Fox News. “However, there is undoubtedly a process through which we thoroughly review all these nominees to determine, first, whether they are qualified and, second, if they are suitable for these offices.”
As the new government takes charge, both the House and Senate are anticipated to confront additional challenges to their fundamental authority, including claims by some in Trump’s inner circle that the administration is free from obligations to spend money even if Congress allocated it for a specific intent.
Nevertheless, lawmakers foresee that the management of nominees in the early stages of the Trump administration will be pivotal in shaping the Senate’s trajectory.
“If we permit recess appointments to fill the entirety of the Trump Cabinet without confirmation hearings, we effectively strip away one of the most crucial instruments available to senators,” said Sen. Chris Coons, D-Del. “Whether the Senate can evolve into the institution envisioned by our framers will be evident in the next two months.”
