Republicans regained the U.S. Senate last week with a decent majority, 53 seats, so it was strange the other day when President-elect Trump issued a pre-emptive demand that his own party let him make recess appointments, “without which we will not be able to get people confirmed in a timely manner.” It’s easier to make sense of this brainstorm now that Mr. Trump says his nominee for Attorney General is the regrettable Rep. Matt Gaetz.
The Constitution restrains the President’s appointments by giving the Senate the power to confirm, or not, his nominees. Hamilton in Federalist No. 76 writes that this provides “an excellent check upon a spirit of favoritism in the President, and would tend greatly to prevent the appointment of unfit characters.” If Mr. Gaetz is nominated, Republican Senators would think hard about voting no. Hence, Mr. Trump’s interest in bypassing them.
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