Senate confirmations are an essential constitutional responsibility

On January 14, the Senate will begin the confirmation process for presidential cabinet appointees, starting with hearings before the Armed Services and Judiciary Committees. Dozens more will follow. At Business for America, we view this moment as a critical juncture for ensuring the balance of power among the three branches of government, rebuilding public trust in our institutions and reaffirming democratic norms. Failure to uphold these principles risks weakening our democratic institutions and undermining the stability that drives economic success.

In Article II, Section 2, the framers of the Constitution included the requirement of Senate “Advice and Consent” for high-ranking officers. This requirement provides a necessary check on executive power and maintains the importance of the legislative branch in protecting the interests of the electorate.

The confirmation process can be time-consuming. Yet, senators need time to thoroughly vet those to whom we entrust great power. The Senate typically grants presidents deference in selecting members of their cabinets, but this deference does not negate the importance of rigorous scrutiny.

Although President-elect Trump proposed bypassing this step, we believe it is essential for the Senate to hold hearings where all nominees appear under oath before a committee to answer questions about their records, qualifications, and plans once they take office. This process provides crucial information that helps the Senate and their constituents evaluate a nominee’s fitness for the positions to which they are nominated. Bypassing this constitutional safeguard will erode public confidence in our government and compromise the effectiveness of its leadership.

While the Constitution allows the president to place officials in positions during Senate recesses, this power is limited. In 2012, the Supreme Court unanimously ruled that then President Obama exceeded his authority by appointing four nominees during a pro forma Senate session. As Justice Scalia wrote in his concurrence in NLRB v. Canning, “[T]he limitation upon the President’s appointment power is there not for the benefit of the Senate, but for the protection of the people.” We believe the same logic applies to President-elect Trump and every future president.

We concur with Senator Thune’s assertion: “The Senate has a role: advise and consent… we have a lot of our senators who take that role very seriously. And so we will make sure that these nominees have a process, a fair process, in which they have an opportunity to make their cases not only to the members of the committee and ultimately to the full Senate but also to the American people.”

Adhering to constitutional processes not only upholds democratic ideals but also fosters the transparency and accountability that are essential for a thriving business environment and long-term economic growth. We urge lawmakers, elected officials, and all Americans to stand firm in upholding these constitutional principles of checks and balances. Let us work together on a bipartisan basis to strengthen the foundation of our governance and ensure these ideals remain at the heart of our democracy.