J. Nelson – Writer

Or, when not to take “no” for an answer

As I encouraged all of you to do, I wrote my senators regarding my concerns about several of Donald Trump’s nominees.

I received a response from Sen. Shelley Moore Capito (or her office), though I have not heard anything from Sen. Jim Justice (or his office).

For those who care to read her letter:

The TL;DR: Her response gave a history lesson on the Senate’s confirmation powers, and after a few platitudes, she ended her letter: “I expect to support President-Elect Trump’s nominees to Senate confirmable executive branch positions based on the longstanding tradition that presidents are entitled to form cabinets of their choosing.”

In other words, she will fall in line and do as Trump bids.

I’m not satisfied with her answer. And I plan to let her know, because our participation in democracy doesn’t end with a single vote or a single letter. So here’s the response I’ll be sending her:

Dear Sen. Capito,

Yes, the president is entitled to assemble a cabinet of his choosing. However, our founders were hyper-cognizant of checks and balances on executive power, specifically so a president could not surround himself with flatterers the way a king surrounded himself with only the most loyal courtiers. That is why the Senate was given the power of “Advice and Consent.”

Never did our founders expect our country to elect a man whose primary qualification for a cabinet nominee was whether or not the person had said flattering things about him on TV or social media. If ever there was a time for the Senate to exercise its power of advice and consent, this is it.

I also hope you are aware, Sen. Capito, that Mr. Trump’s nominations are, first and foremost, a loyalty test to him. He wants to see which senators are loyal to him and him alone — as proven by their approval of his unqualified nominees.

However, I — and your other constituents — would like to remind you and your colleagues that your first loyalty is not to any singular individual, but to our nation and the constitution that governs it.

Mr. Trump will surely take stock of who falls in line and who dares to challenge his poor decisions, but Mr. Trump will only be in office for four years. However, the damage his nominees do now could take decades to reverse. Anyone who wishes her/his career to outlast Mr. Trump’s presidency will have to assure her/his constituents that she/he is looking out for Americans’ well-being beyond the next four years.

I sincerely hope you consider America’s long-term future when voting to approve or disapprove Mr. Trump’s nominees.

All the best,

______

Democracy is a dialogue: a back-and-forth, a push-and-pull, a compromise in which rarely does anyone get everything they want but we all get the most important things we need. Yes, Trump, like all presidents before him, is entitled to form a cabinet of his choosing. But his cabinet is still a facet of our democratic government, so he shouldn’t get carte blanche to fill it with dangerously unqualified sycophants. He can have some, but he doesn’t have to get them all. And we need to remind our senators of that fact.

Letter alt text:

Dear Ms. Nelson,

Thank you for contacting me regarding the President-Elect Trump’s executive nominations; it was good to hear from you and I appreciate the opportunity to learn your views on this matter.

As you know, the President of the United States has the power to nominate judges, ambassadors, and cabinet officials with the advice and consent of the Senate under Article II, Section 2 of the United States Constitution.  The Senate has the important duty of considering the Administration’s nominees for a variety of executive offices. This process requires thorough consideration of each nominee’s credentials and temperament by the standing committees of the Senate in order to determine their suitability for the offices for which they have been selected. Ultimately, final confirmation of each nominee will require approval by a majority of Senators during a vote by the full Senate.

The men and women nominated to serve our nation have immense responsibilities, and I do not take my duty as your Senator to vote on their confirmations lightly. Therefore, I will be sure to carefully determine their merits, and consider your views, when their nominations are brought to the Senate floor for a vote.

I look forward to working with my colleagues in reviewing the records of each nominee during the confirmation process. I expect to support President-Elect Trump’s nominees to Senate confirmable executive branch positions based on the longstanding tradition that presidents are entitled to form cabinets of their choosing.  

Again, thank you for contacting me.  I look forward to hearing from you again soon and invite you to visit my website, www.capito.senate.gov, for further information and to sign up for my e-mail newsletter.  It is an honor to serve you.

Sincerely,
Shelley Moore Capito
United States Senator