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Cato Daily Podcast

Wielding Federal Power with Accountability to Congress

Apr 22, 2024
Tommy Berry discusses the issue of federal appointments without congressional confirmation wielding federal power. Topics include constitutional concerns, strategies for agency vacancies, risks of executive appointments without oversight, and challenges of legal actions against temporary appointments.
12:27

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Quick takeaways

  • Federal officials can wield significant power without Senate confirmation, creating accountability issues.
  • Proposed solutions include Supreme Court reversal of exemptions for acting officers and congressional amendments to the Vacancies Act for proper vetting.

Deep dives

The Issue of Non-Senate Confirmed Officers in the Executive Branch

Officers in the executive branch wield substantial authority affecting citizens' lives, including making decisions on regulations and fines. While Senate confirmation is the typical process, cases like Matt Whitaker being appointed acting Attorney General without Senate confirmation highlight gaps in the system. The Constitution's safeguards for officer selection aim to ensure proper vetting and approval procedures.

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