As Biden moves further left, he end-runs the Constitution more. Two failed federal nominations are just the latest chapters in an unfolding story of Biden’s disregard for the institution he served for almost half a century, the Constitution he swore to “preserve, protect, and defend,” and the country that elected him president. They are also the introduction to what a second Biden term would look like.
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This is not just some obscure item of decorum. It is a constitutional issue.
Article II provides for the advice and consent of the Senate in the appointment of executive branch officers. The Senate has not just failed to give its consent, it has clearly rejected these nominations. Nor is this failure to consent over obscure issues; both occurred over fundamental policy — policies that the rejected nominees intended to pursue and are now continuing to. Policies that the American people, through their elected senators, clearly reject.
And finally, this is not some staunch opposition Senate. These rejections have come from a Senate controlled by Biden’s own party.
It is time that the Senate stood up for itself by acting like the constitutional co-equal it is. Instead of busying itself with relaxing its dress code, it should focus on acting the part of being senatorial. All senators, regardless of party, should be united in protecting the constitutional prerogatives of their body of Congress.
And Republicans should insist that they do so. Both Biden’s nominees do not have majority support — if they did, they would be confirmed. Republicans should band together with those Democrats and independents who oppose these nominations and insist that the administration remove them from their positions as
de facto heads.
A Preview of a Second Biden Term
These nomination rejections also say something more: how Biden will treat not just the Senate, but the Constitution and the country should he win a second term. Such end-runs will not just mean more of the same — they will mean more of the worst.
Biden is deeply unpopular. Despite being protected by the establishment media,
RealClearPolitics’ average of national polling this week puts Biden’s approval rating at just 41.1 percent (with 54.3 percent disapproval).
As support from the middle collapses, Biden becomes more dependent on the left. To pursue the extreme policies that the left demands, Biden must nominate more extreme people. As the American people and their representatives in the Senate reject them, the more enraged and demanding the left becomes.