# What if the senate refuses to confirm Hillary's cabinet? **URL:** \ **Category:** Politics & Elections\ **Created:** [October 19, 2016, 7:51pm UTC](https://boards.straightdope.com/t/what-if-the-senate-refuses-to-confirm-hillarys-cabinet/769059 "2016-10-19T19:51:27Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [October 20, 2016, 1:45pm UTC](https://boards.straightdope.com/t/what-if-the-senate-refuses-to-confirm-hillarys-cabinet/769059/21 "2016-10-20T13:45:21Z")
> [@UDS](#): > > I’d like to think - maybe I’m unrealistic - that the congressional republican party has a substantial majority of members who are dismayed that Trump could get the party nomination, will not be surprised when he loses the election and will reckon the the Republican movement has brought this on itself. In such a mood, I think they won’t be minded to react to the Democratic victory in the presidential election in such a petulant and, frankly, Trumpian way as the OP fears. Acting like a bunch of over-tired toddlers who’ve had too much sugar is what has brought the Republican party to its present fairly dismal pass, and there are plenty of people within the party who can see that. The way back to political credibility, respectability and even electability is definitely not more of the same. I don’t know. I think once the Republicans get past Trump, they’ll make a huge effort to discredit Clinton in an effort to unite around a common objective (“we hate Democrats”) and improve their image (“if the Democrats are so bad, we must be good”). Will it end up hurting them in the long run? Probably. But I think the party’s focus on blind opposition is too ingrained for them to abandon it. ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [October 20, 2016, 1:49pm UTC](https://boards.straightdope.com/t/what-if-the-senate-refuses-to-confirm-hillarys-cabinet/769059/22 "2016-10-20T13:49:54Z")
> [@Giles](#): > > FDR had been Assistant Secretary for the Navy, so that wasn’t a dead-end job for him. That “Assistant” is key. He was never in the Cabinet. ---
**Author:** ![crucible](https://avatars.discourse-cdn.com/v4/letter/c/5f8ce5/32.png) [@crucible](https://boards.straightdope.com/u/crucible)\ **Post date:** [October 20, 2016, 1:58pm UTC](https://boards.straightdope.com/t/what-if-the-senate-refuses-to-confirm-hillarys-cabinet/769059/23 "2016-10-20T13:58:57Z")
> [@Elendil\_s\_Heir](#): > > That “Assistant” is key. He was never in the Cabinet. was Secretary of the Navy a cabinet position? One for each branch? ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [October 20, 2016, 2:05pm UTC](https://boards.straightdope.com/t/what-if-the-senate-refuses-to-confirm-hillarys-cabinet/769059/24 "2016-10-20T14:05:53Z")
> [@crucible](#): > > was Secretary of the Navy a cabinet position? One for each branch? At the time, yes - just the Army and the Navy. The Air Force was part of the Army until after WWII, at which time the service secretaries became sub-Cabinet posts, with the Secretary of Defense replacing them. But at no time was the Assistant Secretary of the Navy part of the Cabinet. ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [October 20, 2016, 2:28pm UTC](https://boards.straightdope.com/t/what-if-the-senate-refuses-to-confirm-hillarys-cabinet/769059/25 "2016-10-20T14:28:49Z")
> [@crucible](#): > > I think the proper course for Clinton will be to retain as many people as possible, then petition the Supremes that the Senate has refused to perform its Constitutionally Required function, and appeal for the current nominee to be accepted to the bench. If SOTUS agrees, to whom would the Republican leaders of the Senate then appeal? The difficulty being that the current Court is split 4-4. Thus her option would have to be to convince one of the conservative four that “advise and consent” means the Senate has to consent, within a certain time period. Or wait until one of them dies or retires. (And hope none of the liberals do the same.) If she can do that, she’s golden - she can simply appoint Garland or some other liberal to the Court, just as she can appoint anyone she wants to her Cabinet. I am not so sure that even Democrats in the Senate will be so willing to surrender their power to the Executive branch, even if it helps Hillary. Either out of simple desire to retain their power, or in anticipation of the time when the GOP regains the White House. I suspect even for Democrats, there might be more than a little concern for the checks and balances idea than can be swept away by a Democratic Presidential victory. I could be wrong about that. Regards, Shodan ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [October 20, 2016, 10:37pm UTC](https://boards.straightdope.com/t/what-if-the-senate-refuses-to-confirm-hillarys-cabinet/769059/26 "2016-10-20T22:37:32Z")
Plus, the President can’t just “petition the Supreme Court” to decide the issue. The Court has a very limited original jurisdiction, which does not include resolving this type of dispute between the Executive and Legislative branches. ---
**Author:** ![adaher](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@adaher](https://boards.straightdope.com/u/adaher)\ **Post date:** [October 21, 2016, 1:22am UTC](https://boards.straightdope.com/t/what-if-the-senate-refuses-to-confirm-hillarys-cabinet/769059/27 "2016-10-21T01:22:10Z")
Plus the dispute is already resolved. Unless the Senate is in recess, they have to confirm appointees or else they can’t serve. And they don’t have to act on nominees, even before Republicans started getting ridiculous there were some nominations that were held up for a long time, although usually the issue could be resolved by picking a more agreeable nominee. Leaving all Cabinet members in place is one option, another is simply to let career bureaucrats be “acting” managers in charge of their departments. This all seems very unlikely though. Republicans have given Obama’s nominees a hard time, but they have been confirmed. Clinton might want to tell current Cabinet members to hold off on resigning until a replacement is confirmed though. It may take some time as the Senate goes over every nominee in excruciating detail. ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [October 21, 2016, 1:28am UTC](https://boards.straightdope.com/t/what-if-the-senate-refuses-to-confirm-hillarys-cabinet/769059/28 "2016-10-21T01:28:34Z")
> [@adaher](#): > > This all seems very unlikely though. Republicans have given Obama’s nominees a hard time, but they have been confirmed. Clinton might want to tell current Cabinet members to hold off on resigning until a replacement is confirmed though. It may take some time as the Senate goes over every nominee in excruciating detail. I’m sure the next Senate will be far more efficient at discharging their duties. ---
**Author:** ![UDS](https://avatars.discourse-cdn.com/v4/letter/u/ecae2f/32.png) [@UDS](https://boards.straightdope.com/u/UDS)\ **Post date:** [October 21, 2016, 1:29am UTC](https://boards.straightdope.com/t/what-if-the-senate-refuses-to-confirm-hillarys-cabinet/769059/29 "2016-10-21T01:29:40Z")
> [@AK84](#): > > Trump could still win. And Trump became the nominee against the teeth of some determined GOP Establishment opposition. > > I suspect the lesson is that to win the GOP has to act more Trumpian _not_ less. If Trump wins, the question of whether the Senate will confirm Clinton’s cabinet nominees can never arise. It can only arise if Clinton wins; therefore, it arises in a context where Trump has lost, and acting Trumpishly does not look like a good strategy. ---
**Author:** ![adaher](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@adaher](https://boards.straightdope.com/u/adaher)\ **Post date:** [October 21, 2016, 1:29am UTC](https://boards.straightdope.com/t/what-if-the-senate-refuses-to-confirm-hillarys-cabinet/769059/30 "2016-10-21T01:29:55Z")
As long as those duties don’t involve passing a transparent budget, and involve shutting down the minority entirely, and not letting bills come to a vote that have majority support because Chuck Schumer doesn’t like them, sure. ---
**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\ **Post date:** [October 21, 2016, 2:57am UTC](https://boards.straightdope.com/t/what-if-the-senate-refuses-to-confirm-hillarys-cabinet/769059/31 "2016-10-21T02:57:52Z")
Not like your man McConnell, no … :rolleyes: ---
**Author:** ![adaher](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@adaher](https://boards.straightdope.com/u/adaher)\ **Post date:** [October 21, 2016, 3:04am UTC](https://boards.straightdope.com/t/what-if-the-senate-refuses-to-confirm-hillarys-cabinet/769059/32 "2016-10-21T03:04:28Z")
McConnell has actually restored regular Senate procedure, as promised. ---
**Author:** ![crucible](https://avatars.discourse-cdn.com/v4/letter/c/5f8ce5/32.png) [@crucible](https://boards.straightdope.com/u/crucible)\ **Post date:** [October 21, 2016, 3:21am UTC](https://boards.straightdope.com/t/what-if-the-senate-refuses-to-confirm-hillarys-cabinet/769059/33 "2016-10-21T03:21:54Z")
[quote=“Shodan, post:25, topic:769059”] The difficulty being that the current Court is split 4-4. Thus her option would have to be to convince one of the conservative four that “advise and consent” means the Senate has to consent, within a certain time period. Or wait until one of them dies or retires. (And hope none of the liberals do the same.) Quote] I’m not so certain that ‘conservative’ judges would be sympathetic with the Senate Republicans. ---
**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\ **Post date:** [October 21, 2016, 10:16am UTC](https://boards.straightdope.com/t/what-if-the-senate-refuses-to-confirm-hillarys-cabinet/769059/34 "2016-10-21T10:16:40Z")
> [@adaher](#): > > McConnell has actually restored regular Senate procedure, as promised. When is the vote on Garland scheduled for? ---
**Author:** ![crucible](https://avatars.discourse-cdn.com/v4/letter/c/5f8ce5/32.png) [@crucible](https://boards.straightdope.com/u/crucible)\ **Post date:** [October 21, 2016, 10:52am UTC](https://boards.straightdope.com/t/what-if-the-senate-refuses-to-confirm-hillarys-cabinet/769059/35 "2016-10-21T10:52:58Z")
> [@ElvisL1ves](#): > > When is the vote on Garland scheduled for? White House website details 26 judges waiting, many for a year. I don’t find similar detail there for other appointments. ---
**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\ **Post date:** [October 21, 2016, 10:55am UTC](https://boards.straightdope.com/t/what-if-the-senate-refuses-to-confirm-hillarys-cabinet/769059/36 "2016-10-21T10:55:24Z")
Problem is, that now \*is \*the “regular Senate procedure” \*\*adaher \*\*supports. For two more months, anyway. ---
**Author:** ![adaher](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@adaher](https://boards.straightdope.com/u/adaher)\ **Post date:** [October 21, 2016, 11:12am UTC](https://boards.straightdope.com/t/what-if-the-senate-refuses-to-confirm-hillarys-cabinet/769059/37 "2016-10-21T11:12:51Z")
That I don’t support, but they are allowing amendments from the minority and I’d hope Schumer continues with that. He’s not as ruthless as Reid. ---
**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\ **Post date:** [October 22, 2016, 6:22pm UTC](https://boards.straightdope.com/t/what-if-the-senate-refuses-to-confirm-hillarys-cabinet/769059/38 "2016-10-22T18:22:58Z")
One thing that must be kept in mind is that even if Hillary wins and the Dems retake the senate, they are virtually certain to lose it again in 2018, because the class of 2102 is coming up. Something like 25 Dems vs. 9 Reps. Not a good scene. Unless the electorate sees how badly the Reps have poisoned the well. Not likely and the party in power almost always loses in the off-year election. ---
**Author:** ![crucible](https://avatars.discourse-cdn.com/v4/letter/c/5f8ce5/32.png) [@crucible](https://boards.straightdope.com/u/crucible)\ **Post date:** [October 24, 2016, 3:45pm UTC](https://boards.straightdope.com/t/what-if-the-senate-refuses-to-confirm-hillarys-cabinet/769059/39 "2016-10-24T15:45:03Z")
> [@Hari\_Seldon](#): > > One thing that must be kept in mind is that even if Hillary wins and the Dems retake the senate, they are virtually certain to lose it again in 2018, because the class of 2102 is coming up. Something like 25 Dems vs. 9 Reps. Not a good scene. Unless the electorate sees how badly the Reps have poisoned the well. Not likely and the party in power almost always loses in the off-year election. I hope HRC has an amenable congress and gets everything done the first two years, coasts for two years and the Dems put up an even more attractive candidate in 2020. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [October 24, 2016, 3:50pm UTC](https://boards.straightdope.com/t/what-if-the-senate-refuses-to-confirm-hillarys-cabinet/769059/40 "2016-10-24T15:50:56Z")
And don’t forget that the States have the ultimate power in that if they feel that obstructionism is interfering with running the country they can demand an Article V convention to remove the “advise and consent” clause. [Previous page](https://boards.straightdope.com/t/what-if-the-senate-refuses-to-confirm-hillarys-cabinet/769059.md?page=1) [Next page](https://boards.straightdope.com/t/what-if-the-senate-refuses-to-confirm-hillarys-cabinet/769059.md?page=3)