Let Constitution be senators’ guide to appointments
“Elections have consequences. I won.” – Barack Obama, October 25, 2010 “Democracy is the theory that the common people know what they want, and deserve to get it good and hard.” – H.L. Mencken (1880-1956), famed American columnist.
These sentiments come to mind as controversy and conflict roll on in the wake of President- elect Donald Trump’s convincing victory over Vice President Kamala Harris. Trump’s government in waiting has been taking shape at breakneck speed with rapidfire announcements of his Cabinet picks.
Some appear to have widespread, even bipartisan, support. Sen. Marco Rubio at State. Gov. Doug Burgum at Interior. John Ratcliffe at CIA. Mike Huckabee as ambassador to Israel.
Then there are those drawing shock and ire, even among some outspoken Republicans. Fox News host Pete Hegseth at Defense. Tulsi Gabbard for national intelligence. RFK Jr. at Health and Human Services.
The Constitution (Article II, Section 2) is clear that those presidential appointments are subject to the Senate’s role to advise and consent. That’s not just a custom. It is the supreme law of the land.
So the Trump camp’s push for the Senate to deliberately shift nominees toward what is called a “recess appointment” – the short explanation is that it allows seating candidates without Senate hearings – should be a nonstarter. Kicking the Constitution aside strictly to avoid embarrassing or confrontational situations should draw bipartisan rebuke. Let the American people hear the questions and the answers.
Having said that, Obama and Mencken got it right. When a candidate wins, he (or she) is selected to set the agenda. And the way democracy works is to give the people what they voted for, and if that becomes too “good and hard” the next election can be a course-corrector.
Here’s a thought I’ve expressed consistently across decades of appointments by governors and presidents alike. The person elected by the people should get the team he wants, unless strong reasons for denial are identified during the advise and consent phase. Disagreeing with the policies the voters supported is not enough.
On the other hand, such things as bad character, skeletons in the closet or clear incompetency can and should trigger close scrutiny. Some of Trump’s picks raise those questions, including among a few influential folks on the political right.
If the Senate agrees to recess appointments it is an abdication of its constitutional duty. All Americans should object. The Constitution is this country’s North Star and should guide the appointment process.
Just business
Polarization has reached beyond the public square into the realm of private business.
Quietly, companies have been stepping back from high-profile culture war positions on LGBTQ+ issues, DEI (diversity, equity, inclusion) policies and more. In recent days Toyota, Ford and others notified employees and investors of the decisions.
Mind you, that doesn’t mean businesses will be illegally discriminating against employees, customers or anybody else. It’s more of a keep-your-head-down move because culture warriors sometimes take out their displeasure on private businesses that are deemed to be on the wrong side.
Think Disney. Think Bud Light. The primary purpose of any company is to make money for owners and investors. Ethical companies do that while acting in full compliance with the laws, including anti-discrimination statutes. But if the public profile harms the bottom line, it would be management malpractice not to take that situation into consideration.
Personally, I have no problem with that. It’s a business decision in reaction to consumer sentiment.
At the same time, when the weight of the government is brought down on private businesses because of management’s stance on a culture issue, that’s inexcusable. Free enterprise should be just that – free – when it comes to managing the business, within pertinent statutory limits.
Here’s the truth about culture wars: Nobody wins. Everybody loses.
Free people have the right to think differently and live their lives as they please. Or, as the late Justice Oliver Wendell Holmes said, “The right to swing my fist ends where the other man’s nose begins.”
My translation: Leave other people alone. Mind your own business.
Bill Barth is the former Editor of the Beloit Daily News, and a member of the Wisconsin Newspaper Hall of Fame. Write to him at bbarth@beloitdailynews.com.
