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December 22nd, 2024

Insight

Don't Trash the Constitution to Dunk on the Libs

David Harsanyi

By David Harsanyi

Published Nov. 22, 2024

Don't Trash the Constitution to Dunk on the Libs
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"All the right people are angry."

This is what MAGA will tell you when you point out that President-elect Donald Trump's pick to run the Department of Health and Human Services, Robert F. Kennedy Jr., is an unhinged authoritarian crank.

If you point out that Kennedy is a chemtrail truther who believes the water supply is turning children gay, MAGA will ask you if he's any worse than "Rachel Levine" or Anthony Fauci.

Probably not, no.

And when you mention that Kennedy has neither the credentials nor expertise to offer anyone advice on their health, much less make national policy, people like Elon Musk will point out that Democrats believe men could be pregnant.

That's also true.

But none of those contentions are arguments for Kennedy. A man who celebrates the notion of climate lockdowns doesn't become a stronger candidate because Health and Human Services Secretary Xavier Becerra is also an extremist.

Even if we found out Fauci was the devil himself, it wouldn't erase Kennedy's lifetime of crackpottery. It's not merely that Kennedy possesses no experience for the job. It's that most of the things he believes are dangerously untethered from reality.

Anyway, you may disagree. And Trump has the right to pick anyone he likes. But the Senate has the duty to vote down any irresponsible and ridiculous nominees. It's why advice and consent exists.

In a normal year, Kennedy would have to answer a slew of awkward questions in a Senate confirmation hearing. Which is probably why Trump has reportedly cooked up a scheme to bypass the Senate and recess-appoint his Cabinet.

Recess appointments, which, the late Justice Antonin Scalia noted, are an "anachronism," were intended to let the executive branch make appointments when Congress was out of session. In the 18th century, elected officials were compelled to travel hundreds of miles by carriage to go home or escape Washington, D.C., during smallpox outbreaks — which, to be fair, may well make a comeback under Kennedy.

This isn't some esoteric debate over the spirit of the law. Trump wants to force fake recess with the help of Speaker Mike Johnson in the House, so his nominees can circumvent senatorial scrutiny. It is an open attack on the separation of powers. It is the kind of executive abuse Republicans would rightly be howling in indignation over if the other party was doing it. Recess appointments still exist. No president has ever tried to abuse them in this way.

Whenever MAGA is itching to blow up some norm, it will argue that Democrats would surely do the same if they had the chance. Why should the GOP unilaterally disarm, they ask? Even if this were true, the GOP claims it is a defender of the constitutional order. But maybe ask yourself if it's worth destroying 250 years of tradition for the likes of Kennedy.

Because "making all the right people angry" isn't any great accomplishment. Virtually everything makes leftists angry. What would really bring a reckoning to corrupt government are ruthlessly competent administrators who will dismantle the stultified culture in these agencies and reinvent them. There are plenty of people available who can do it and get through a confirmation hearing.

Too bad, MAGA tells me, Trump has a "mandate" from the people. But, of course, mandates aren't a real thing, either. Every incoming administration imagines it's been given a magical ability to implement an agenda unilaterally. We don't have oligarchs with time limits, even if they have captured overwhelming wins, which Trump has not. We have three branches of government. And one of them is empowered to reject the president's Cabinet picks no matter how people voted for the president.

Sen. John Thune, the incoming majority leader, has already extended deference by promising Trump his nominees will get timely votes. That's a completely normal thing to do.

And that's all he needs to do.

(COMMENT, BELOW)


Previously:
11/08/24: This 'liberation' will NOT be reported
11/01/24: HARRIS Is the Bigger Threat to the Constitutional Order
09/20/24: Fact checked! Harris Is the Extremist
07/13/24: Explain Yourself, Kamala Harris!
07/05/24: How Biden's Mental Decline Went From 'Misinformation' to Fact in a Week
04/12/24: Biden Is Now Chasing the 'Death to America' Voter
03/15/24: Turns Out Biden Lied About Hur, Beau, And Why He Pilfered Classified Docs
02/09/24: Why Biden Is Threatening to Veto Aid to Israel
02/09/23: Electric Cars Are a Scam
06/30/23: Americans Have Never Been Less Threatened by 'Extreme Weather'
03/03/23: Questioning Biden's Ukraine Policy Doesn't Make You an 'Isolationist'
01/20/23: No ribbons? Don't hide behind religion!
01/13/23: On Classified Documents, Joe Biden Is Out of Excuses
04/29/22: Biden's Ministry of Truth
04/08/22: The Most Radical Abortion Law in the Nation
04/01/22: Recuse Yourself, Joe Biden
03/25/22: No, School Boards Are Not 'Banning Books'
03/11/22: Let Them Drive Teslas
01/28/22: It's Not Government's Job to 'Root Out' Misinformation
01/14/22: Biden's Big Elections Lie
01/07/22: Schumer's Ugly 'Voting Rights' Gamble
12/24/21:AOC's Grasp on American Governance Is a 'Farce'
12/17/21: Dems Pivot from Build Back Better to Useless Extremism
11/19/21: Reckoning' Over Steele Dossier?
10/15/21: The Biden White House Will Pay for Playing Inflation Games
09/24/21: The most demonstrable political scandal still ignored
09/17/21: Sorry, AOC, The Rich Already Pay Their Fair Share
09/02/21: Why Isn't Biden to Blame for COVID-19 Deaths?
08/06/21: Biden's Unprecedented Attack on the Constitution
07/30/21: Jan. 6 Was Deplorable. It Was NOT a Coup
06/21/21: The Myth of Republican Obstructionism
05/21/21: What Does Putin Have on Biden?
04/16/21: Kristen Clarke Is Unfit to Be in Government
03/26/21: No to DC Statehood is far from GOP being reflexive
03/22/21: Biden Prepares to Strip College Students of Due Process Rights The Hypocrisy of the Filibuster Busters
03/12/21: Biden Prepares to Strip College Students of Due Process Rights
03/05/21: AOC's Terrible Minimum Wage Argument
02/12/21: The Dem Party Is Radicalizing against the Constitution
02/05/21: What NOT to Do with Marjorie Taylor Greene
01/15/21: Free Speech Is a Value Not Just a Right
12/31/20: It Can't Get Any Worse Than 2020. Here's a 2021 Political Wish List
10/26/20: Wanted: An Honest Debate about the Death Penalty
10/26/20: These are the questions 'Big Guy' Biden must be forced to answer about Hunter's emails
09/11/20: The Dems' Dangerous Delegitimization of the Election
08/28/20: Biden Is Underperforming Hillary in Battleground States
08/14/20: Kamala Harris, Imaginary Centrist
07/24/20: Who you calling a fascist?
07/17/20: Speech Police have finally gone too far
07/03/20: 'But Gorsuch' Is Still Trump's Best Argument
06/22/20: Welcome to America's Cultural Revolution
06/12/20: The color of my skin is not an indictment of my morality, nor does it strip me of my agency
06/05/20: What this son of immigrants knows about bulding bussinesses --- and the dismay of destruction
05/28/20: The Folly of Twitter's Fact-Check
05/22/20: Dems Warning Trump Will Reject Election Results Should Look in the Mirror
05/15/20: Obamagate Is NOT a Conspiracy Theory
05/08/20: Really, Joe --- due process is the opposite of justice?