Which laws been enacted to prevent family members of a president from serving in his cabinet?
After that law (e.g., 5 US Code § 3110) have prevented such a thing to happen again.
The above law, 5 US Code § 3110 would not seem to apply in the case of Donald Trump hiring his more than qualified adult children.
The question is, why? (Source)
There is a constitutional question that has never been challenged.
The president cannot have someone prohibited from being appointed prenomination.
In other words, it’s recognized that the President can nominate someone.
Congress would have to turn it down as nepotism under the statute.
But would they since both of Trumps family members are eminently qualified?
So the checks and balances are seen as the gatekeeper.
So, even though there are such prenomination exceptions in the law, it is generally considered an undue constitutional restriction on the authority of the President to do prevent such nominations, and if unchallenged by Congress, secure the appointment.
Statue 3110 has never undergone judicial review and could very well be struck down if challenged. (Source)
Trump exploring legal options to give Ivanka, Kushner roles in his administration.
President-elect Trump has asked his legal team to determine whether his eldest daughter Ivanka and her husband, Jared Kushner, can take on official roles in his administration.
“We’re working that out right now,” the incoming Republican president told Fox News’ Chris Wallace in an interview aired Sunday.
“They’re both very talented people [and] I would love to be able to have them involved,” Trump said.
Ivanka and her husband are reportedly looking to relocate to Washington once Trump enters office in January, which has stoked speculation that they will both play a part in his administration.
Kushner was a top adviser to Trump during his campaign and has remained deeply involved in the transition process since last months’ election. Meanwhile, Trump’s daughter has been present for several of her father’s meetings with candidates for his Cabinet.
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She recently met with former Vice President Al Gore to discuss climate change, an issue she hopes to work on during her father’s presidency.
“If you look at Ivanka, she’s so strongly, as you know, into women’s issues and child care. Nobody could do better than her,” Trump said, adding that his son-in-law is a “very talented guy.”
“So we’re looking at that from a legal standpoint now,” he said.
The billionaire is slated to hold a press conference next Thursday in which he will discuss the role his children will play in running his real estate empire once he takes office.
An arrangement that would exclude Ivanka from the Trump Organization could signal that she will instead take on a role in his administration.