Wielding Federal Power with Accountability to Congress
Apr 22, 2024
auto_awesome
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.
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.
Solutions Proposed by Tommy Berry for Addressing the Issue
Possible solutions involve either Supreme Court action or congressional amendments. The Supreme Court's 1898 ruling in United States v. Eaton exempted temporary acting officers from Senate consent, a stance Berry suggests should be overturned in light of more recent case law. Congress could amend the Vacancies Act to require Senate-confirmed individuals for cabinet-level or high-ranking positions, enhancing accountability and eliminating constitutional concerns.
Risks of Not Making Changes to the Appointment Process in the Executive Branch
By bypassing Senate approvals for executive appointments, the risk of unfit individuals holding crucial roles increases. The absence of Senate oversight could lead to cronyism and accountability issues. Moreover, appointments made without proper consent are susceptible to legal challenges, potentially facing court scrutiny for violating the Appointments Clause. The temporary nature of acting appointments complicates effective legal challenges, often resulting in successor ratification and hindering legal precedent development.
There are two avenues to fixing a big issue with federal appointments, that of individuals not confirmed by Congress nonetheless wielding significant federal power. Tommy Berry explains the problem and the solutions.