Senators rejected one Trump cabinet pick. But the fight for their power is only just beginning

WASHINGTON (AP) – That’s it a brief sentence in the Constitutionmentioned in passing. But it’s already taking up enormous importance as President-elect Donald Trump plans his return to office.

Withdrawal Matt Gaetz How Trump attorney general nominee dramatically confirmed that the Senate still retains its “advise and consent” powers in relation to vetting and appointing the president’s cabinet. But it might only be a temporary respite from the intense fighting that can come as Senate Republicans try to take care of their constitutional role.

Trump announced his cabinet’s announcements in a fast clip, often on social media and sometimes surprising GOP senators. In particular, Gaetz’s election on November 13 left Republicans shocked and momentarily stunned. His withdrawal just over per week later was equally sudden, leaving many speechless.

Within hours, Trump moved on announcing on social media that he selected one other loyalist, former Florida Attorney General Pam Bondi, to guide the Justice Department. on the weekend, Trump filled in the rest their cabinet selections.

The dizzying speed of pickaxes gave Trump a promising begin to his second term, and it was a show of strength from the president-elect who made clear he intended to staff his administration with officials able to upend Washington’s path. His desire to pack the government with loyalists and wield executive power in an expansive manner appears certain to guide to frequent clashes with Congress, even under Republican control.

“From what I’m hearing from my Republican colleagues on a variety of issues, from secretary of defense to other positions, it looks like they’re ready to make way for Mr. Trump,” Sen. Tammy Duckworth, an Illinois Democrat, said on CBS’ ” Face of the Nation.

Republican senators are selecting their words fastidiously as they assess Trump’s proposed cabinet while gently reiterating their role in the confirmation process.

“The constitutional guidelines are clear and do not change based on the individuals involved,” said Sen. Mike Rounds, a Republican from South Dakota. “In my opinion, the president has an obligation to make nominations, and we give him the good thing about the doubt, but we have now an obligation to offer ‘advice and consent.’

Gaetz’s nomination was rejected after Republican senators privately grew concerned a few volatile confirmation hearing allegations that he had sex with an underage girl. According to outgoing GOP Sen. Mike Braun of Indiana, as many as 4 to 6 GOP senators signaled their reservations, although the number was actually higher.

With Democrats poised to oppose Cabinet nominees they consider unqualified and extreme, Trump’s margin for error is slim. Republicans could have a 53-47 majority in the next Senate, so a defection by just 4 Republicans would mean defeat for any candidate who doesn’t enjoy bipartisan support.

Other forms of Cabinet nominees even have a sophisticated path to confirmation. Trump’s transition team has not yet signed required agreements that might allow the FBI to scrutinize his personnel selections, sending nominees to the Senate without the usual prior vetting.

So far, Trump’s candidates for defense secretary include: Pete HegsethFox News personality accused of sexual assault, which she denies; as Secretary of Health and Human Services, Robert F. Kennedy Jr.who also faced allegations of sexual misconduct and concerns over his opposition to vaccines; and the director of national intelligence, Tulsi Gabbardformer member of the Democratic House who repeats Russian propaganda and arguments.

This election transcends the mainstream of the Republican Party and represents a notable departure from when Trump first entered the White House and selected largely from Republican officials who were highly respected throughout Washington.

“The Constitution gives us a role on the staff called ‘advice and consent,’” said Sen. Mitch McConnell, the outgoing Senate Republican leader who will remain in office next yr. “In my view, that is exactly what will happen when these nominees are actually sent out, and we will treat them as we have treated everyone else after proper vetting.”

Still, Trump allies argue that senators should be willing to substantiate the Cabinet, no matter who is chosen.

“The president deserves to be able to appoint people who will do what his campaign was based on, which is disruption, which is a concern for the establishment and probably should be,” said Sen. Eric Schmitt, a Republican from Missouri, adding: “In “I fully support President Trump’s ability to elect his people to do this.”

After Gaetz withdrew, Trump supporters on social media and in activist circles spread the names of Republicans they believed supported Trump. Charlie Kirk, whose conservative youth organization Turning Points Action has worked closely with the Trump campaign, is already organizing a “grassroots army” to pressure senators to substantiate his nominees.

It won’t even matter. Trump also demanded that Senate Republicans comply with it halftime meetings, trial under which the Senate will adjourn the session in order that Trump can exercise his constitutional power to make nominations while the chamber is in recess. Sen. John Thune, who will take over as Senate majority leader in January, left that option on the table, saying he could be willing to make use of it if Democrats attempt to delay approvals.

It could be unprecedented this present day for the Senate to voluntarily relent and permit the president to make top-level Cabinet nominees. Experts say that might mean giving up the house’s constitutional authority over cabinet selections.

“It crystallized the choices that Republicans were making in the Senate,” said Sarah Binder, a political scientist at George Washington University. “To whom are you loyal, and how far are you willing to put your loyalty to President Trump above your procedural rights and constitutional entitlements?”

However, some Trump allies have also discussed a scenario wherein the Republican-controlled House could vote to adjourn Congress. Even if the Senate also refused to adjourn, it could theoretically create a “misunderstanding” between the two houses, allowing the president to exercise his constitutional power to adjourn Congress until a time he deems “appropriate.”

Still, this constitutional provision was never tested, and Binder assured that Senate leaders would still have the ability to quickly call the chamber back into session. But it will even be one other test for the senators.

“The constitutional system will not work unless the people of the institution stand up and fight to maintain their constitutional right to counsel and consent,” Binder said.