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To which constitutional provision are you referring? Are you talking about the appointment of officers of the United States? Because I don't think Kushner ever was officially an officer of the United States.
By being grafted into the highest echelons of the Executive Branch, Kushner was demonstrably a "Minister or Consul".
Bear in mind that, Constitutionally, Congress has all the power.
That doesn't make him an officer of the US, and doesn't automatically make him confirmed by the senate or anything like that.
When were Kushner's confirmation hearings?
Early on, when the lugenpresse was pretending to pearl-clutch over Javanka being looped in on the inner sanctum.
Similar to how a President is supposed to say yea/nay to an Amendment but, except for Abe Lincoln, never does and just lets it pass by default, McConnell could have objected with the argument that anyone gaining access to the inner sanctum needs his say-so but he decided not to.
To the surprise of no one, because snakes have in group preference. Besides, if he had, Kushner could have simply pointed out the completely ridiculous conflict-of-interest that was McConnell placing his wife as Secretary of Transportation. Somehow the lugenpresse missed that one.
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