skews13
Diamond Member
- Mar 18, 2017
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The Trump administration’s disregard for the law governing presidential appointments finally caught up with it. This week, a federal judge in Maryland ruled that because Chad Wolf was likely serving unlawfully as acting secretary of the Department of Homeland Security (DHS), she was barring the administration from enforcing new asylum rules.
Judge Paula Xinis is not the only one who’s concluded this. Last month, the Government Accountability Office released a report concluding that Wolf and Acting Deputy Secretary Ken Cuccinelli are both serving in their positions illegally. And, they aren’t the only high-level Trump officials who are serving illegally. Rather, this administration has shown a blatant disregard for the critical and constitutionally prescribed role the Senate is supposed to play in determining who should fill high-level positions in the executive branch. Indeed, by our count at the Constitutional Accountability Center (CAC), there are currently at least 15 other officials serving in at least 12 executive branch departments who do not hold their positions lawfully and, as we explain below, this figure surely understates the severity of the problem. This pervasive evasion of the Senate’s advice-and-consent requirement is deeply troubling—and hugely consequential.
Under the Appointments Clause of the Constitution, the president is required to obtain “the Advice and Consent of the Senate” in order to
www.justsecurity.org
The law finally comes down on the most lawless, law and order administration in history.
Judge Paula Xinis is not the only one who’s concluded this. Last month, the Government Accountability Office released a report concluding that Wolf and Acting Deputy Secretary Ken Cuccinelli are both serving in their positions illegally. And, they aren’t the only high-level Trump officials who are serving illegally. Rather, this administration has shown a blatant disregard for the critical and constitutionally prescribed role the Senate is supposed to play in determining who should fill high-level positions in the executive branch. Indeed, by our count at the Constitutional Accountability Center (CAC), there are currently at least 15 other officials serving in at least 12 executive branch departments who do not hold their positions lawfully and, as we explain below, this figure surely understates the severity of the problem. This pervasive evasion of the Senate’s advice-and-consent requirement is deeply troubling—and hugely consequential.
Under the Appointments Clause of the Constitution, the president is required to obtain “the Advice and Consent of the Senate” in order to
At Least 15 Trump Officials Do Not Hold Their Positions Lawfully
Under Trump, the Senate is far too often being cut out of its key role in determining who fills senior executive branch positions.
www.justsecurity.org
The law finally comes down on the most lawless, law and order administration in history.
