You Make a Difference! Our mission and operations are funded entirely by Patriots like you! Please support the 2024 Year-End Campaign now.

April 20, 2011

Needless Delay on Nominations

Should a president have to wait … and wait … and wait for the Senate to approve the people he nominates to serve in high office?

Of course not. Yes, the Senate has an important role to fill, but interminable and pointless delays have become the norm. They have bedeviled both Republican and Democratic presidents in recent years, and they need to stop. (Senators, for their part, point out that presidents take too long to consider people and make nominations.)

Should a president have to wait … and wait … and wait for the Senate to approve the people he nominates to serve in high office?

Of course not. Yes, the Senate has an important role to fill, but interminable and pointless delays have become the norm. They have bedeviled both Republican and Democratic presidents in recent years, and they need to stop. (Senators, for their part, point out that presidents take too long to consider people and make nominations.)

So it should be good news that Sen. Charles Schumer (D-N.Y.) has introduced the Presidential Appointment Efficiency and Streamlining Act of 2011, or S. 679. It’s got bipartisan support, too; Majority Leader Harry Reid (D-Nev.) and Minority Leader Mitch McConnell (R-Ky.) have signed on. Finally, something all can agree on, right?

Not exactly. S. 679, unfortunately, is the wrong solution.

The most sensible remedy is to speed up the nomination and confirmation processes, which have become ridiculously complicated. Each nominee must fill out different sets of non-standardized questionnaires, which then go through a drawn-out FBI background investigation. Other government offices pore over these questionnaires for any possible ethical concerns about the relationships or finances of the various appointees.

Yes, presidential appointees should be checked for problems. We must ensure that candidates for important positions are qualified and trustworthy. But surely the president can streamline the executive branch process, which over time has become needlessly burdensome and inefficient. It is not the responsibility of Congress to tell the president how to choose his nominees; he can fix the process on his own.

The Senate, meanwhile, needs to make its own process swifter. S. 679 does it the wrong way. It eliminates the Senate from considering nominations to a number of important offices. That’s a problem.

Sure, doing so would make the process move more quickly, but only by violating the intent of the Founding Fathers. Our Constitution, after all, is designed primarily as a framework for ensuring that no one branch accumulates too much power.

We see the founders’ wisdom in how they handled presidential appointees to high office. It’s the president’s privilege to nominate the people he wants to fill the various important posts and ensure that government functions smoothly. However, he’s not a king. So the Senate must review and approve the people he wants to fill those highly important posts.

But S. 679 shifts a portion of this important responsibility away from Congress. It “solves” the problem by punting. Now, it’s one thing to do so where a minor office is concerned, but S. 679 punts on major offices that have significant authority.

The Senate’s role in giving advice and consent on presidential appointees shouldn’t be diminished lightly. The Senate should make its own rules to speed up its internal process for considering nominations.

Alexander Hamilton, in the Federalist papers, noted that senatorial review acts as “an excellent check upon a spirit of favoritism in the president, and … tend[s] greatly to prevent the appointment of unfit characters.” More recently, in the 1995 case Ryder v. United States, the Supreme Court affirmed the Appointments Clause of the Constitution “is a bulwark against one branch aggrandizing its power at the expense of another branch.”

That’s what is at stake. S. 679 addresses a real problem, and there’s no question that the approval process for presidential appointees needs to be sped up. It’s a shame that this particular legislative vehicle is such a clunker.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.