Even if Kamala Harris wins the presidency, there is a distinct possibility that the Senate might have a Republican majority of 51-49. This would be the first time a newly elected Democratic president faced a Republican Senate since Grover Cleveland was elected in 1884 and that was a very different time where the party labels signified different things from what they do now and members were not so rigid in their party allegiances.

So what challenges would Harris face in that eventuality?

Harris’ first task will be getting the Cabinet confirmed. This could require at least one Republican vote for each nominee, and that Republican might just ask for something in return. The most likely Republican crossover is Sen. Lisa Murkowski (R-AK). Unfortunately for Harris, her state’s biggest industry is oil and she might demand that Harris cut out all this talk of getting rid of fossil fuels as the price for her votes. Another possibility is Sen. Susan Collins (R-ME). Her state’s biggest industries are fishing, logging, and farming. That could prove easier, especially since she is up in 2026 and Murkowski is not. The Green New Deal does not threaten the profits of the lobster industry.

Since cabinet appointments never expire, Harris could keep any current secretaries indefinitely, and possibly move them to new posts. She could also appoint acting secretaries for a limited amount of time. A real Hail Mary play would be for Biden to appoint Harris’ choices in December and have the current Senate ram them through in a lame duck session, but that would really poison the well.

As I have said before, close elections tend to be a source of education about political esoterica and this is yet another one. I had always assumed that all outgoing cabinet officials and other political appointees automatically vacated their jobs as soon as a new president is inaugurated, allowing that person to start with a clean slate. But apparently not. It kind of makes sense to have them continue for at least some time, since the confirmation process for new appointees is tedious and time consuming and you do need at least some people to stay on until the new people are sworn in in order to provide stability and continuity. But the idea that cabinet appointments need never expire was new to me.

One hopes that Harris does not have to use such maneuvers in order for her to have a cabinet at all.

One big difference would be that if Harris win, creepy Donald Trump would not be as significant a force within the GOP as he is now, where he can bend the party leaders to his will because of the threat that he might become president and seek revenge on them. He will still try to get them to do his bidding and thwart Harris at every turn but it will not be the same. Without creepy Trump, the MAGA movement will be rudderless and its power and shelf life may be limited.