I’ve been wondering this for a while, but lately we’ve seen developments that prompt me to finally put some thoughts in writing. I will start with the caveat that these are not fully formed thoughts and am very much hoping the DK hive mind will assist in the comments. We have seen AG Barr act not at all independently of the WH the way someone in his position and the DoJ he leads need to from time to time. OTOH, SecDef Esper recently distanced himself from POTUS over potentially invoking the Insurrection Act, leading some to immediately assume he’s not long for his job given how much Trump values loyalty. Fantasies about the Cabinet invoking the 25th amendment stumble over the fact that they are all ultimately Trump’s people. I think we need to figure out some way to make members of the Cabinet accountable to more than the proverbial constituency of one.
My very first diary here explored the variety of executive offices most of the states elect in addition to the Governor and Lt. Governor. AG is, probably precisely to provide some independence, one of the most common state positions to be elected separately. When it comes to LGs, some states ticket and some don’t, or they run separately in primaries, but get ticketed for the November election. There seems to be precedent from which we could draw, while still being clear that the President is our supreme executive magistrate. Here are some possible ways to elect the Cabinet, but they all lead to voters knowing exactly whom they are getting when they cast a ballot in November, and Cabinet members not serving solely at the President’s pleasure. Some may require constitutional amendments.
- Elect has a whole ticket, with Cabinet members chosen by presidential nominee as VP is now.
- Would-be Cabinet members run in primaries for those slots, then elected as a general ticket.
- Would-be Cabinet members compete separately in the general, which could lead to a split Cabinet in terms of party.
- Would-be Cabinet members appeal separately for support of the party national conventions.
- Cabinet members elected by straight popular rather than electoral votes.
- If a vacancy occurs, special election, election by Congress, current practice, or automatic succession by deputy?
- Another method I’m not thinking of?
It may be wise to have some Cabinet members more politically tied to POTUS than others. There’s definitely a balance to consider between being able to do the job and being mostly in line with the President on policy, so each of the above options has its pros and cons. I’ve always enjoyed constitutional reform discussions on DK, so I hope this generates some interest and ideas. If you’d like me to say more about what I’m thinking with a certain option, let me know.