How the President Can Circumvent GOP Gamesmanship on Appointments

Declassified With Julie Kelly:

Dr. John Eastman explains how President Trump can force Congress into recess and get his languishing nominees in place.

Dr. John Eastman is a Senior Fellow at The Claremont Institute, and former professor of constitutional law and law school Dean. He represented President Trump in several challenges to illegality in the conduct of the 2020 election.

There are about 2.5 million civilian employees in the executive branch of the federal government. The American people have the opportunity to vote for only one officer of that branch—the president of the United States—who, together with his selected vice president, serve as the head and the embodiment of the principle of consent of the governed in the executive branch. To ensure that executive branch employees work in tandem with the agenda of the president elected by “We the people,” there are about 1300 officers who are appointed by the president after the advice and consent of the U.S. Senate.

Some of these officers are members of part-time boards and commissions, or ambassadors to a variety of small countries around the world. These employees don’t really have a role in supervising the numerous executive departments and agencies. What remains are about 800 positions that the president can fill with the Senate’s consent, to oversee the vast bureaucracy. And of those remaining 800, about 177 are in “term” positions or carryovers from the prior administration for which President Trump has not made a replacement nomination.

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