General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIf McConnell is going to block ALL nominees
Biden should nominate them & send a letter to the Senate Majority Leader "If this nominee is not given a hearing within XX days and a vote within XX+30 days, the Senate will be considered as having waived their right to advise & consent for this nominee and all future nominees."
Some advised Obama to do this with Merrick Garland (or another nominee) in 2016
mr_lebowski
(33,643 posts)"Keg Stand"
But hey, it's still worth a try.
idziak4ever1234
(1,257 posts)RussellCattle
(1,535 posts)KatyMan
(4,214 posts)She's only a woman after all, there to do men's work.
DownriverDem
(6,232 posts)Biden could just appoint a acting secretary for the vacancies.
grumpyduck
(6,276 posts)Make them all "acting" posts.
BKDem
(1,733 posts)grumpyduck
(6,276 posts)They "should" understand the concept of precedents.
SammyWinstonJack
(44,130 posts)onlyadream
(2,168 posts)Brother Mythos
(1,442 posts)After all, it's not like we haven't seen that before!
onenote
(42,799 posts)Last edited Fri Nov 6, 2020, 08:13 AM - Edit history (1)
The Vacancies Act requires that "acting" cabinet heads either be the "first assistant" at the time the vacancy occurred (who would be a Trump appointee), a currently serving official who was confirmed for a different position by the Senate (also a Trump appointee), or a non-confirmed senior official who has served for at least 90 days the year before the vacancy occurred -- again, a Trump person.
marie999
(3,334 posts)onenote
(42,799 posts)It also excludes members of certain boards, commissions, or similar entities.
marie999
(3,334 posts)idziak4ever1234
(1,257 posts)Democratic Governor in Kentucky
grumpyduck
(6,276 posts)Moostache
(9,897 posts)Ilsa
(61,709 posts)but I don't know if he's a teacher or padawan.
drmeow
(5,032 posts)I'm thinking Putin must be his teacher?
Eyeball_Kid
(7,437 posts)mmbrevo
(123 posts)Dickhead Cheney has had about 8 heart attacks. Must be that great healthcare they get.
mmbrevo
(123 posts)😉
mmbrevo
(123 posts)How long have we been saying this about trump?
stopwastingmymoney
(2,042 posts)For funneling foreign money to his party
onlyadream
(2,168 posts)Nothing can kill them.
FBaggins
(26,778 posts)Trump might try something like that... but I don't see Biden doing it.
peacebuzzard
(5,184 posts)he is an expired package.
Salviati
(6,009 posts)It puts the onus on the Senate to approve or deny. It doesn't take away their power, except for the power to not act.
Statistical
(19,264 posts)The constitution says that cabinet heads are confirmed HOWEVER as somewhat of a loophole it saying nothing about acting heads of agencies having any less power.
Trump has used that to full effect. Due to the incredibly high turnover most Trump agency heads are not confirmed. They have not 1% less power or authority than a confirmed agency head.
If it works for Trump then it works for Biden. I give zero shits on if the Biden administration has exactly 0 confirmed appointees.
dalton99a
(81,656 posts)kysrsoze
(6,024 posts)BComplex
(8,080 posts)going to be playing games. I hope Kamala encourages him to use every tool in the toolbox.
kelly1mm
(4,735 posts)In pro forma session to block recess appointments. USSC already ruled this was allowed when Obama tried to make recess appointments.
3825-87867
(855 posts)because the Constitution allows the president to adjourn congress if he feels they aren't doing their job. Then he can use recess to appoint people. Tacky? Maybe? But legal.
This is why gawd created lawyers.
Article II
Section 3
He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
stopwastingmymoney
(2,042 posts)Thanks for posting
onenote
(42,799 posts)lagomorph777
(30,613 posts)Trump and McConnell set the precedent. Confirmations are optional now.
area51
(11,932 posts)dalton99a
(81,656 posts)mrsv
(209 posts)like trump did. F*ck Mitch!
Amaryllis
(9,526 posts)PTWB
(4,131 posts)McConnell is going to give Joe a list of people he will accept for candidate positions and if Joe doesnt pick someone on the list, McConnell isnt going to let them through.
The Magistrate
(95,263 posts)There are no consequences for doing so, clearly.
"Justice Marshall has made his decision. Let him enforce it."
Alhena
(3,030 posts)the Constitution. As much as I'd like there to be, with McConnell in charge.
enough
(13,266 posts)The Magistrate
(95,263 posts)The violation becomes the fact.
Enforcement lies exclusively with the Executive. If that declines to enforce or heed a court's sanction, that decision is immaterial.
Whether it will be done, or is wise to be done, are separate questions from if it can be done. And it certainly could --- nothing explicitly forbids it, and theories can certainly be found to argue in support of it.
"What is not forbidden is required."
onenote
(42,799 posts)and hauling non-confirmed officials off to jail.
It's a stupid idea that the smart people surrounding Biden would never pursue.
localroger
(3,634 posts)They can use procedural tricks to block judicial appointments, but Cabinet positions are executive. If Biden simply puts the people he wants in those offices and tells them to carry out the duties even if unconfirmed, what can Mitch do about it?
dalton99a
(81,656 posts)and we're not dealing with normal people
KPN
(15,670 posts)If so, yeah, a good strategy.
deminks
(11,018 posts)LuvNewcastle
(16,862 posts)The problem with the Senate right now is a personal problem, and a solution to it should be found that fits McConnell personally. It seems to be common knowledge that he's as crooked as a corkscrew. Maybe it's time to investigate him, indict him, and prosecute him. I would let him know that the time for games is over. He can work with people or be very miserable for the rest of his life.
NewJeffCT
(56,829 posts)and their illicit connections to Russia & China
tritsofme
(17,421 posts)And this idea was always incredibly stupid.
At the end of each annual session of Congress, nominees that do not receive Senate action are returned to the White House.
There will likely be dozens of at least minor Trump nominees that get returned to the White House at the beginning of January. When can Trump magically declare them to be confirmed?
Tatertot
(94 posts)Using acting heads of cabinet positions has been and is illegal if they have not been Senate confirmed. However once Senate confirmed they can move between cabinet positions at the presidents will. And anyone who was confirmed in a prior administration would be legal.
BComplex
(8,080 posts)Neal??
crickets
(25,988 posts)roamer65
(36,747 posts)I LIKE THAT IDEA.
Id like to have Timothy Geithner back at Treasury.
onenote
(42,799 posts)You can't make someone who was once confirmed but not serving at the time of the vacancy into an "acting" department head.
The law clearly states "serves" not "has served".
Tatertot
(94 posts)Hillary Clinton, Susan Rice, Christopher Wray would all be legal without any additional Senate approvals
tritsofme
(17,421 posts)Senate confirmation.
onenote
(42,799 posts)onenote
(42,799 posts)in office at the time of the vacancy.
I suggest you read the statute.
bucolic_frolic
(43,423 posts)call it a Pocket Recess and appoint someone. Invent holes in the Constitution like Mitch would do.
calimary
(81,557 posts)Mitch is probably assuming he can just king it in the Senate and Biden will play nice and allow himself to be stalemated.
Well THE HELL WITH THAT!!!
The republi-CONS have raised getting around the rules to an art form. We need to start taking a page from that FOR OURSELVES. He figures well accept a stalemate. He never would. So why should we? Go ahead ANYWAY. Find a way AROUND IT. Keep reces-appointing justices.
KS Toronado
(17,401 posts)He ran to twitter all day long keeping his voters informed(mostly of BS). When Moscow Mitch starts
blocking legislation this country needs, Joe/Kamala need to get on national TV (not twitter) and
point fingers at McTurtle how he's hurting the American people. And keep the pressure on him and
never let up, sooner or later repug voters will start getting on his @ss.
Peregrine Took
(7,417 posts)Obama was way too quiet about what that creepy McTurtle was up to. We need to keep him in the hot seat.
Jspur
(578 posts)when he was president. I understand it from the racial angle that he couldn't go that route because of fear of being portrayed as the angry black man but I think this where Biden has an advantage that Obama did have. Biden can now openly aggressively go at some of these republicans much like Clinton did against Dole, and Gingrich during the 90's. It's important Biden let the American people know everyday that Mitch is an obstructionist and put pressure on Mitch. I think this is the only way Biden will be able to get somethings done.
Traildogbob
(8,858 posts)Some ass on Quomo last week said, The best possible outcome for America is if Biden wins, senate keeps a one seat advantage to not allow an unfair balance of power, Ouomo said nothing, like McConnell has been the poster child of fairness for the last 12 years. Damn I miss Boner crying about the American People from a Merlot stupor.
Trash the rules, appoint an AG ASAP and get to work locking em all up. We do not have two years to fix the shithole country. They will get even better a screwing the election in 2 years. Walk in with a staff and cabinet from the team of Obama years and get to work. Still a road to at least tie in senate via Georgia runoffs. And Khar-Mello has the deciding vote.
BlancheSplanchnik
(20,219 posts)Sure hope Biden will!!
3825-87867
(855 posts)Bill Clinton? Barack Obama? John Kerry? Al Gore? etc?
Could be apoplectic for the Right!
mahina
(17,726 posts)I pray so.
Joinfortmill
(14,489 posts)Also, McConnell and several other GOP Senators need to be investigated under auspices of a special counsel. And make him/her a tough M'f×cker.
gollygee
(22,336 posts)I'm ready.
hbhall
(14 posts)If I were Biden, I would have a meeting with Mitch, and make it clear that that if he plans to obstruct like he did with Obama, I would make sure he knows that his wife, and her families shipping interests and their benefits to Mitch are open for scrutiny. Time to quit being Mr. Nice Guy. It should be apparent to everyone at this point that these people are not interested in bi-partisanship.
SCantiGOP
(13,874 posts)Ridiculous post
JohnnyRingo
(18,672 posts)...in four years.
hahaha
BobTheSubgenius
(11,572 posts)What choices are left?
onenote
(42,799 posts)And Biden's advisors know it (even if some DUers don't).
riverwalker
(8,694 posts)We have two run offs in January, and still an Alaskan Senate seat To be counted (Carville says its doable)
NCjack
(10,279 posts)just like Sen. Ron Johnson was doing to former V.P. Biden, with Moscow's approval. Right out of their playbook -- indict, trial, convict, and off to prison.
LAS14
(13,789 posts)onenote
(42,799 posts)Pepsidog
(6,254 posts)onenote
(42,799 posts)Any action taken by an official who requires Senate confirmation who isn't confirmed will be subject to reversal in court.