Supreme Court appointments may be what grabs headlines, but many more positions within the Federal government are subject to Presidential appointments – more than 4,000 to be exact. And that is just within the Executive Branch. Hundreds of positions including such little noticed positions as bankruptcy judges must receive a nod from the President before taking office. Of those 4,000 appointments, more than 1,000 require an up or down vote by the United States Senate.
The process for nominating and confirming Executive appointments is not spelled out in the Constitution, but included under a broad “Advice and Consent” Clause giving the Senate oversight of the President’s hiring choices. The practice began with a simple formality of nominees meeting with Senators but as political divides grew in America during the late 19th and early 20th centuries, a more formal process was established.
Described as a “marathon of paperwork” the process begins with prospective nominees filling out mountains of paperwork including ethics disclosures and personal information that the FBI will use to conduct advanced background checks for security clearances. These forms also disclose a nominee’s personal finances and any potential conflicts of interest.
From there, nominees begin to meet privately with individual Senators. These informal meetings are an opportunity for discussions regarding policy, values, vision for the department, or other topics that would be too long or specific for public hearings.
Once vetted by the FBI, the Senate Committee in charge of overseeing the particular department schedules a hearing. For example, Doug Collins, chosen to head Veterans Affairs, was heard by the Senate Veterans’ Affairs Committee, while the Senate Armed Services Committee heard the nomination of Major Pete Hegseth to Secretary of Defense.
After a public hearing, the committees vote either recommending or not recommending a candidate. Recommended candidates move on to appear before the full Senate. During this time lawmakers can openly debate on a candidate before a final vote is held. Nominees who receive a majority vote are approved and assume office.
There is a work around to the Senate confirmation process, so-called Recess Appointments.Recess Appointments allow a President to fill a vacancy while Congress is in recess thus unable to hold hearings. While previous Presidents have used this loophole for lower offices a 2014 Supreme Court ruling curtailed the power of Presidents.