Speaker Mike Johnson versus the Constitution ...Middle East

The Framers established the requirement for Senate advice and consent to presidential nominations to safeguard democracy from a “despotic” president. As the Supreme Court explained in Freytag v. Commissioner of Internal Revenue, the “power to appoint officers” was the “most insidious weapon of 18th-century despotism.” Justice Antonin Scalia echoed this theme in NLRB v. Noel Canning, the leading (and unanimously decided) case on appointments made during congressional recesses. Former Justice David Souter similarly pointed out that the Senate’s power to disapprove nominees limits presidential “wrongdoing” by checking “arbitrary power” in Weiss v. United States.  In NLRB v. Southwest G

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