logo
Login Subscribe
Google Play App Store
  • News
    • Obituaries
    • Lifestyle
    • Opinions
  • Sports
  • E-edition
  • Calendar
  • Archives
  • Contact
    • Contact Us
    • Advertisers
    • Form Submission
    • About Us
    • News
      • Obituaries
      • Lifestyle
      • Opinions
    • Sports
    • E-edition
    • Calendar
    • Archives
    • Contact
      • Contact Us
      • Advertisers
      • Form Submission
      • About Us
Controversy over Cabinet Secretary choices is nothing new in American History
commentary
February 26, 2025
Controversy over Cabinet Secretary choices is nothing new in American History

Amongst the many perceived controversies of Donald Trump’s second term as U.S. president are some of his choices for cabinet secretaries.

Of the 15 secretary positions, so far 11 have been confirmed by the Senate including controversial nominees like Pete Hegseth for Secretary of Defense and Robert Kennedy Jr. for Health and Human Services. That means there are still four awaiting confirmation, including provocative picks like Linda Mc-Mahon for Education. With a Republican Senate, chances are, all the nominees will be confirmed.

Historically speaking, very few nominees have ever been rejected; presidents knowing they need to get their picks past the Senate tend to only put forth names in which they are confident. Historically, only nine picks have ever been officially rejected by the Senate. I say officially because 19 others have been pulled out of the running like Matt Gaetz did earlier this year when he withdrew himself for consideration for Attorney General. So confident are most presidents that there was not a single issue with the first six presidents. But everything changed with the seventh — Andrew Jackson, the one many compare to Trump, who put forth the first nominee deemed too controversial to approve.

As always, first the Constitution. Article II, Section II states, “He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”

The courts in several cases have made interpretations of this clause, but there are two that are most important when it comes to Senate confirmation. First, the courts have made a distinction between principal and inferior offices. Principal offices like cabinet positions are subject to the appointment clause or need senate confirmation while other offices do not. What constitutes a principal or inferior office has changed many times over the years, especially as the government has grown, but the cabinet has always been considered a principal office. The second ruling the courts have made is that it is a three-step process for a principal office to receive the position. First, the president nominates a candidate. Second, the Senate confirms the nominee by a simple majority. Third, the president commissions the approved nominee. In other words, even after a candidate is confirmed, the president can change his mind and not give the final commission.

As mentioned earlier, this process is normally pretty smooth, especially when the president and Senate are from the same party. Yet, during Jackson’s presidency, for the first time the Senate deemed his choice for Treasury Secretary unacceptable — and for good reason. One of Jackson’s most infamous accomplishments was his war on the Second Bank of the United States (BUS). Jackson had always hated the idea of a national bank. He felt it unconstitutional as there was nothing in the Constitution about the creation of such an institution. He also felt it was corrupt and gave too much power to the wealthy elite over the common people. The charter for the second BUS was not set to end until 1836, but Jackson’s opponents believed they could use the BUS to their advantage and pushed a bill to recharter the BUS early. They knew Jackson would veto the recharter and they could then use that against Jackson when he ran for reelection in 1832. What Jackson’s opponents were not prepared for was Jackson’s popularity among the people and his decision to veto the BUS recharter was popular as well. Jackson had made it an issue of rich versus poor.

When Jackson easily won reelection, he took it as a mandate to kill the bank even before its 1836 end date. He planned to take all the federal money out of the BUS and distribute it to state banks friendly to the Jackson administration. The problem was when Jackson instructed his Secretary of the Treasury, Louis McLane, to remove the money, he refused saying it would destroy the economy and Congress had not signed off.

Upset, Jackson removed McLane and appointed William J. Duane as the new Treasury Secretary. Clearly, Duane did not understand his assignment, because when he argued with Jackson about removing the money, he, too, was released. Jackson needed someone to follow orders blindly and so, turned to Roger Taney. Jackson waited until the Senate was out of session and appointed Taney through a recess appointment. Recess appointments are constitutional and used often in the 19th century when the Senate did not meet as often. It allowed the president to temporarily make appointments, which had to be confirmed when the Senate met again. With Congress not in session, Taney was appointed and did as he was instructed — removed federal money out of the BUS. Long story short, the death of the BUS was one of the major issues that led to the Panic of 1837, the largest depression the U.S. had seen to date.

Angered over the money being pulled, when the Senate resumed in 1834, they rejected Taney’s appointment as Secretary of the Treasury, but the damage had been done. Unfortunately, Taney’s story was not done. In that same year, Jackson’s supporters took over the Senate during the midterm elections. As a way of thanking Taney, Jackson nominated him, and the Senate confirmed him as Chief Justice of the Supreme Court. The man who was willing to hurt the country over political orders now controlled the highest court in the land. His most notable cases were fighting to return escaped slaves to bondage during the Amistad case and declaring slaves were not citizens in the Dred Scot case. It was his decision in the latter case to allow slavery in all states, even in the North, that helped set the nation on course towards the Civil War.

So, while all of Trump’s nominees will probably be confirmed by the Senate — even the controversial ones — there have been nominees so grievous, like Taney, that the Senate felt it necessary to say no.

James Finck is a professor of American history at the University of Science and Arts of Oklahoma. He can be reached at HistoricallySpeaking1776@ gmail. com.

Whole Hawg Days on the horizon
A: Main, news
Whole Hawg Days on the horizon
July 16, 2025
Get ready for another fun-filled weekend as the 41st Annual Whole Hawg Arts & Crafts Festival prepares to get underway, Friday and Saturday, July 25-26. The festival will consist of Arts & Crafts, a r...
A: Main, news
Eufaula Chamber of Commerce Rodeo debuts
July 16, 2025
The rodeo is woven into the fabric of Eufaula history. Long before the annual rodeo was held at the fairgrounds, there were rodeos in an area of the city now a part of the cove where there are softbal...
A: Main, news
Check with the City before starting work
July 16, 2025
As more residents and property owners take on home improvement projects, the City of Eufaula is reminding the public of a key first step: check with the City before you begin. Whether you   are buildi...
Eufaula hires full-time fire chief
A: Main, news
Eufaula hires full-time fire chief
By JERRY FINK MANAGING EDITOR 
July 16, 2025
Eufaula didn’t have to look far for its first full-time fire chief. Checotah Fire Chief Greg Carmack has been offered the job, replacing volunteer Fire Chief Chad French. The decision to hire someone ...
Checotah says goodbye to cowboy legend Bill Duvall
A: Main, news
Checotah says goodbye to cowboy legend Bill Duvall
By LaDonna Rhodes Staff Writer 
July 16, 2025
When Bill Duvall was called to meet His Maker in the Great Round Up in the sky this past Sunday, Checotah lost one of its best storytellers and legendary cowboys ever. Thankfully his legacy will live ...
A: Main, news
Hats off to those credited with keeping the roundup club and rodeo alive
By Current Chamber of Commerce Board of Directors 
July 16, 2025
Serena Kleveter, director Jay Hunn, president Zach McQuay Roxanne Loyd Kathy Turner Jeanette Smith Torie Anderson Peter Lee 1940-50 Doc Thurman Doc Gawf Dub Hammett 1960-70 Glen Pittman Fred Wendel Ho...
ePaper
google_play
app_store
Editor Picks
A: Main, news
Commissioners pass moratorium
July 16, 2025
TransAlta of Canada announced six months ago that it no longer planned to develop a wind turbine farm in McIntosh County. However, county commissioners wanted to make sure TransAlta or any other wind ...
news
Auditions for The Dancing Princesses open to all
July 16, 2025
If you’ve ever thought acting on stage might be fun, here’s your chance to find out. The Eufaula Performing and Arts Club is opening auditions for their next play to any would-be actor ages 10 and up....
news
McIntosh County GOP News
By LYNELLE MEDLEY CHAIRMAN 
July 16, 2025
Our potluck at the last meeting was so much fun and we had a fabulous turnout -- thank you to all of McIntosh County for supporting the Republican Party. We hope you enjoyed it as much as we did. It w...
news
Man facing obscenity charges
July 16, 2025
Ryan Troy Dick, 52-year-old Sallisaw resident, is being held in the McIntosh County Jail pending his preliminary hearing on charges related to indecent photographs and videos sent to a former girlfrie...
news
Juvenile dies following accident near Longtown
July 16, 2025
The Oklahoma Highway Patrol reports that a juvenile, whose name and age are being withheld, was fatally injured in a single-vehicle accident that took place at about 10:30 p.m. on July 4. The deceased...
Facebook

THE EUFAULA INDIAN JOURNAL
100 N. 2nd Street
Eufaula, OK 74432

(918) 689-2191

This site complies with ADA requirements

© 2023 THE EUFAULA INDIAN JOURNAL

  • Contact
  • Privacy
  • Accessibility Policy