WASHINGTON — A seemingly straightforward phrase in the Constitution is gaining prominence as President-elect Donald Trump prepares to assume office once again.
The recent withdrawal of Matt Gaetz from his position as Trump’s nominee for attorney general has underscored the Senate’s crucial “advice and consent” role in reviewing and appointing members to the president’s Cabinet. However, this might only be a temporary respite amidst the looming challenges Republicans will face to uphold their constitutional responsibilities during the confirmation processes.
Trump has been announcing his Cabinet choices rapidly, often through social media, which has left Republican senators surprised and unprepared. Gaetz was named on November 13, catching many off guard, and his abrupt withdrawal a week later left numerous Republicans at a loss for words.
Within hours of Gaetz’s exit, Trump quickly announced via social media that he had chosen former Florida Attorney General Pam Bondi as his new nominee for the Justice Department. Over that weekend, Trump continued to fill out his Cabinet roster.
The swift pace of his appointments has given Trump’s return to power a vigorous beginning, reflecting his intention to surround himself with officials eager to challenge the traditional norms in Washington. His aim of populating his administration with loyalists and expanding his executive power is expected to lead to significant confrontations with Congress, even with the Republican majority.
“From what I’m hearing from my Republican colleagues on everything from defense secretary to other posts, it sounds like they are ready to roll over for Mr. Trump,” remarked Sen. Tammy Duckworth, a Democrat from Illinois, during an appearance on CBS’s “Face the Nation.”
Republican senators are exercising caution in their responses as they evaluate Trump’s Cabinet choices, all the while subtly reminding everyone of their pivotal role in the confirmation process.
“The constitutional directive is clear, and it does not change based on the personalities involved,” stated Sen. Mike Rounds, a Republican from South Dakota. “The president is responsible for making nominations; we give him the benefit of the doubt, but we also carry a duty for ‘advice and consent.’”
Gaetz’s nomination ultimately collapsed as several Republican senators privately grew concerned about a contentious confirmation hearing, especially concerning allegations related to an underage girl. Some reports suggest that as many as four to six GOP senators expressed reservations, although the true count may have been higher.
With Democrats poised to oppose any Cabinet nominees they consider unqualified or extreme, Trump’s margin for error is quite slim. Holding a 53-47 majority in the next Senate, Republicans can afford to lose only four votes, as that would jeopardize any nominee lacking bipartisan backing.
Other nominees are also expected to navigate a complex road to confirmation. Trump’s transition team has yet to finalize the required agreements for the FBI to conduct screenings of his personnel selections, resulting in nominees facing the Senate without the standard vetting process.
Thus far, Trump’s nominees include Pete Hegseth for defense secretary, accused of sexual assault (which he denies); Robert F. Kennedy, Jr. for health and human services secretary, facing accusations of sexual misconduct and criticism for his anti-vaccine stance; and Tulsi Gabbard as national intelligence director, known for repeating Russian propaganda.
Such nominations stray from the Republican mainstream and mark a stark contrast to Trump’s inaugural term, when he largely selected established Republican officials who were highly regarded in Washington.
“The Constitution affords us a role in personnel decisions through ‘advice and consent,’” declared Sen. Mitch McConnell, the outgoing Senate Republican leader who will remain in his position next year. “I believe that we will adhere to this process when nominees are put forward, and we will vet them appropriately.”
Regardless, Trump’s supporters argue that senators must be prepared to endorse the Cabinet choices, regardless of who they may be.
“The president is entitled to appoint individuals who will execute his vision, which is to disrupt, and understandably, the establishment feels apprehensive,” commented Sen. Eric Schmitt, a Republican from Missouri, emphasizing, “I wholeheartedly support President Trump’s right to choose his own team.”
Following Gaetz’s withdrawal, Trump advocates on social media and among activist groups began discussing lawmakers they believed to be withholding support. Charlie Kirk of the conservative youth organization Turning Points Action is mobilizing a “grassroots army” to persuade senators to confirm the nominees.
This might not be a concern for Trump, who has also requested Senate Republicans agree to allow him recess appointments. This mechanism enables the president to make appointments while the Senate is not in session, using his constitutional authority. Sen. John Thune, who will assume the role of Senate majority leader in January, has kept this possibility open, suggesting he would consider it should Democrats attempt to obstruct confirmations.
It would be unprecedented for the Senate to willingly yield its power for such high-level Cabinet appointments in contemporary times. Experts believe doing so would equate to relinquishing the chamber’s constitutional authority over cabinet selection.
“This has clarified the decisions facing Senate Republicans,” noted Sarah Binder, a political scientist at George Washington University. “Who do you owe your loyalty to, and how far are you willing to put President Trump’s desires before your procedural rights and constitutional obligations?”
Nonetheless, some Trump supporters have also contemplated a scenario in which the Republican-led House could vote to adjourn Congress. Should the Senate not follow suit, it could create a supposed “disagreement” between the chambers, potentially allowing the president to use a constitutional power to adjourn Congress until he deems it appropriate.
However, this constitutional measure has never been utilized, and Binder maintained that Senate leaders could swiftly reconvene the chamber. Yet, this would present another challenge for the senators.
“A constitutional system relies on the institutions’ members upholding and defending their rights of advice and consent,” said Binder.
