How to Get a Presidential Cabinet Without Confirmations
Keep the ones already in office — if they’re willing, of course. And an ultimate disappointment of the Stanley Quencher insulated tumbler.
First, some political and governance trivia. Then a re-review of the Stanley insulated mug.
Rollover Cabinet Members
The politics comes courtesy of economics journalist Patrick W. Watson and American Enterprise Institute think tank denizen and expert on Congress Kevin R. Kosar.
Contemplating the potential of Kamala Harris’s election as president and Republicans gaining control of the Senate, Mr. Watson realized that it could become a point of contention, with GOP senators refusing to confirm her choice of Cabinet secretaries. He then wrote, “Biden should immediately nominate her chosen Cabinet so the lame-duck senate can confirm them. GOP will scream, of course. But they would do the same in that situation and not even blink.”
There are pragmatic questions about the ability of the Senate to hold hearings and turn around all the confirmations within a couple of months. It took 61 days to confirm Biden’s according to the Partnership for Public Service’s Center for Presidential Transition. The only country with a presidential model of government that took longer was South Korea at 96 days. With end-of-year holiday recesses, expecting an expeditious process in the U.S. Senate would seem risky.
But the interesting questions are constitutional and precedent in nature. I knew that Cabinet members typically resign at the start of a new administration, but there is custom and not a legal requirement. As Mr. Kosar noted, “Article II, section 2 does speak only of the appointment of Cabinet members, not their removal. And there is case law on presidential removal, but I do not know of any on staying beyond a presidency.” A sitting president could presumably fire them; you can read some of the history of the removal power at Justia.com.
There are historical precedents for Cabinet members to continue in their positions across different administrations without ever resigning. As Mr. Kosar said, at times a President has been assassinated, the Vice-President needn’t seek confirmation for the Cabinet members, who aren’t automatically ejected from office. He also pointed to some extraordinary examples.
Albert Gallatin, who moved from Switzerland to the U.S. in the early days of the country, and who founded New York University, was Secretary of the Treasury under Thomas Jefferson and remained in office under James Madison, holding the position for nearly 13 years, from May 14, 1801, to February 8, 1814.
Beating his record in holding a Cabinet position was James "Tama Jim" Wilson, Secretary of Agriculture from March 6, 1897, to March 3, 1913 — 16 years.
Even if appointing and confirming new Cabinet officers in the lame duck period of both the Senate and President Biden was impractical, Harris could potentially keep any or all of the existing members in place. Even easier than rolling over a 401(k).
Can’t Get a Handle on the Stanley Mug
Some time back, I reviewed the Stanley Quencher 40-ounce insulated tumbler. I called it “a great desk accessory if you’re the opposite of a camel and need a regular high volume of liquid at hand” and said it was better for a desk, not a cup holder.
It turns out that it can sit in a cup holder because of the tapered bottom. However, the handle first came loose from mine and eventually broke free, a plastic appendage in quest for its freedom. I’ve thought of reattaching it with a metallic epoxy but haven’t yet. My hands are large and fit around the tumbler, which retains some reasonable benefits. However, the detachment was a sign of shoddy design and execution. While I won’t get rid of mine, I’d suggest anyone considering a purchase should see it in person and discover whether you can comfortably wrap your hand around its girth.