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Cato Daily Podcast

Trump Nominees Need Senate Appraisal, not Senate Abdication

Nov 20, 2024
In this discussion, Tommy Berry, an expert on the Vacancies Act and editor at the Cato Institute, delves into the challenges of Senate confirmations for presidential nominees. He highlights past issues and the importance of congressional oversight in appointments. Berry also examines the Vacancies Act's implications, using Matthew Whitaker as a case study for acting officials. Additionally, he discusses how Senate authority serves as a check on executive power and provides insight into the historical context of recess appointments and their constitutional significance.
12:08

Episode guests

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Quick takeaways

  • Congress must actively engage in the confirmation process to uphold checks and balances and safeguard governance integrity.
  • Recess appointments should be limited to preserve democratic accountability and ensure that presidential nominees undergo proper vetting.

Deep dives

Congressional Oversight and Recess Appointments

Congress plays a crucial role in confirming or rejecting presidential nominees for high-level positions, acting as a check on the executive branch. However, there is a debate about whether Congress should allow the president to make recess appointments without full legislative oversight. The case of Matthew Whitaker's appointment as acting Attorney General, without Senate confirmation, raised significant concerns about compromising established norms and constitutional questions surrounding appointments. This situation highlights the importance of maintaining checks and balances in government and the necessity for Congress to actively participate in the confirmation process.

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