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Reason
Reason
Jacob Sullum

The Math Does Not Favor Avoiding Senate Scrutiny of Trump's Bizarre Cabinet Picks

"Are you shittin' me?" Rep. Mike Simpson (R–Idaho) asked when informed that Donald Trump planned to nominate Matt Gaetz—a former Florida congressman with scant legal experience who is known mainly for antagonizing fellow Republicans and vigorously defending the former and future president—as attorney general. Other Trump picks, including Fox News host Pete Hegseth as secretary of defense and anti-vaxxer Robert F. Kennedy Jr. as secretary of health and human services, have provoked a similar response.

Even in a Republican-controlled Senate, questions about the qualifications of Trump's proposed cabinet members might pose problems during their confirmation hearings. Article II, Section 2, Clause 2 of the Constitution says the president "shall nominate" all "officers of the United States" and "shall appoint" them "by and with the advice and consent of the Senate." With 53 GOP senators and ties decided by the vice president, opposition by just four Republicans would be enough to block a nomination, and several of them already have indicated they do not plan to rubber-stamp Trump's choices. But Trump is pushing an alternative that would avoid the need to obtain the Senate's approval.

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