DENVER – The United States Constitution, which turned 225 years old last summer, is a remarkable document: the provisions of a text written in the eighteenth century continue to guide twenty-first-century governance. We will be reminded of the implications of that in the coming weeks, as President Barack Obama fills senior positions in his second-term administration. In many cases, the process will not be pretty.
Article II of the Constitution stipulates presidential powers that require the “advice and consent of the Senate,” including the nomination of senior officials. Probably nobody, 225 years ago, had any idea that the number of officials deemed to require Senate confirmation would eventually exceed 1,400, or that Senate confirmation would involve a vetting process that often takes years to complete.