Unconstitutional action suggested by senator further evidence of ongoing Democrat coup against President Trump
Senate Minority Leader Chuck Schumer called for the Senate to confirm Joe Biden’s Cabinet nominees BEFORE his potential inauguration on January 20, 2021.
“Everybody knows the Senate plays a pivotal role in confirming a new president’s cabinet,” Schumer said on the Senate floor Monday. “In the midst of this once-in-a-century crisis, it’s imperative the next administration can count on the Senate to confirm its cabinet without delay.”
“Hearings on President-elect Biden’s nominees should begin in January immediately after the Georgia runoff elections,” Schumer said, referring to the two Jan. 5 elections that will decide which party controls the Senate.
Ignoring the ensuing legal battles over election fraud in the battleground states like Pennsylvania and Georgia, Schumer said the Senate should “follow precedent” and have Biden’s Cabinet members confirmed before January 20th.
“The Senate should follow precedent and hold hearings on President-elect Biden’s nominees in January immediately after the Georgia elections, before inauguration,” Schumer said.
According to the Appointments Clause of the Constitution:
… and [the President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
Although Congress has held hearings for Cabinet nominees leading up to Inauguration Day for an incoming president, confirming a Cabinet member before Biden is sworn in on January 20, 2021 would be unconstitutional because Biden wouldn’t be sworn in as president until noon that day.
President Trump had faced unprecedented confirmation delays during his transition in 2017, and only got half his Cabinet confirmed by mid February.
“Trump got only two Cabinet picks confirmed on day one of his administration, compared with six for then-President Obama and seven for then-President George W. Bush.,” The Hill noted.