Opinion | A Constitution-flouting ‘authoritarian’ is already in the White House
Biden nominated Ann Carlson last March to be administrator of the National Highway Traffic Safety Administration. Two months later, when it was clear that the Senate would not confirm her, Biden withdrew the nomination. But less than five weeks after that, he named Carlson acting administrator. His impertinence would perhaps be limited, by the Vacancies Act, to 210 days, which would expire Dec. 26. Furthermore, the Supreme Court has held that the act prohibits any person who has been nominated to fill any vacant office from performing that office’s duties in an acting capacity.
President Joe Biden appears to be bending the rules and flouting the U.S. Constitution, as he has nominated Ann Carlson for the role of administrator of the National Highway Traffic Safety Administration (NHTSA). Despite her failed confirmation by the Senate, Biden then appointed Carlson as acting administrator, a move that appears to disregard legal provisions such as the Vacancies Act. This act imposes a time limit of 210 days for acting administrators, which would expire on December 26. Moreover, the Supreme Court has already ruled that the act prohibits any person nominated for a vacant office from carrying out the duties of that office in an acting capacity.
Biden’s decision to appoint Carlson as acting administrator of the NHTSA raises concerns among legal experts and critics who see this move as an overreach of executive power. The Vacancies Act was put in place to prevent individuals nominated for vacant positions from assuming acting roles indefinitely. By circumventing this law, Biden’s actions could be seen as an affront to the principles of checks and balances outlined in the Constitution.
Experts argue that Biden’s nomination and subsequent appointment of Carlson as acting administrator bypasses the constitutional requirement of Senate confirmation and violates the spirit of the Vacancies Act. This act aims to ensure that officials who have been nominated for a specific office do not hold acting positions in the same office. By extending Carlson’s tenure through the acting role, Biden may be undermining the proper functioning of the NHTSA and the democratic process itself.
Legal scholars and critics view Biden’s actions as an example of executive overreach, warning that it sets a dangerous precedent for future administrations. They argue that such disregard for the Constitution erodes the system of checks and balances that is essential for preserving democratic governance. The Supreme Court’s ruling on the Vacancies Act should be sufficient to prevent nominees from acting in the very positions they have been nominated for.
The concerns raised by Biden’s appointment of Carlson highlight the need for a robust and diligent confirmation process within the Senate. It is crucial for the Senate to exercise its constitutional duty to confirm or reject nominees, preventing the executive branch from sidestepping the democratic process. Upholding the principles of the Constitution and ensuring accountability within the government are essential for the preservation of democracy and the rule of law.
As the debate around Biden’s decision continues, it is vital for the American people to remain informed and engaged in matters concerning the adherence to constitutional principles. The actions of the President affect the integrity and functioning of the government, making it increasingly important for citizens to hold their elected officials accountable for their actions.
The extent of the long-term implications of Biden’s appointment of Carlson as acting administrator remains to be seen. However, it is crucial for both lawmakers and citizens to ensure that the rule of law is upheld and that the democratic process is protected from potential abuses of power. The Constitution serves as the bedrock of American democracy, and any actions that undermine its provisions warrant careful scrutiny and public discourse.
In the coming weeks, the focus will undoubtedly shift towards the expiration of the 210-day limit set by the Vacancies Act. Observers will be closely watching to see if Biden adheres to the time constraint or attempts to prolong Carlson’s acting tenure. This matter touches upon the delicate balance of power between the executive and legislative branches of the government and the values upon which American democracy is built.
The questions surrounding President Biden’s appointment of Ann Carlson as acting administrator of the National Highway Traffic Safety Administration serve as a reminder of the importance of upholding the Constitution and respecting the rule of law. The true impact of this decision will be determined in the days and weeks to come, as the nation awaits the resolution of this constitutional dilemma.
