how many senators needed to confirm attorney general

How many senators does it take to confirm a Supreme Court justice?

Traditionally, this required support from at least 60 of the 100 senators; in 2013, however, Democrats circumvented the rules with the nuclear option to require only a simple majority of those voting—51 in most cases. The only exception: a nomination to the Supreme Court.

What positions require Senate approval to be appointed?

According to a Congressional Research Service report, these presidentially-appointed positions requiring Senate approval can be categorized as follows: Secretaries of the 15 Cabinet agencies, deputy secretaries, undersecretaries, and assistant secretaries, and general counsels of those agencies: Over 350 positions

What are the rules for referring bills to the Senate?

Such referrals are guided by Senate Rule XXV, which establishes the subject matter under the purview of each committee and directs that “all proposed legislation, messages, petitions, memorials, and other matters relating primarily to [those] subjects” be referred to that committee.

Can the Senate confirm a President’s nominee?

A president’s most visible and consequential nomination may occur when a seat opens on the Supreme Court. Historically, the Senate has confirmed most presidential nominations, but “in rare instances” a vote to confirm has failed.

Does the Senate have to approve the attorney general?

The attorney general is a statutory member of the Cabinet of the United States. Washington, D.C. Under the Appointments Clause of the United States Constitution, the officeholder is nominated by the president of the United States, then appointed with the advice and consent of the United States Senate.

How many senators does it take to confirm?

Once that recommendation is reported to the Senate, floor debate can begin ahead of a confirmation vote. A simple majority vote is needed for confirmation (there are currently 100 U.S. senators).

What is the minimum number of senators that must support a president's judicial nominee in order to ensure that he or she is confirmed?

Confirming a Nomination Traditionally, this required support from at least 60 of the 100 senators; in 2013, however, Democrats circumvented the rules with the nuclear option to require only a simple majority of those voting—51 in most cases.

Do all presidential appointments require Senate approval?

Executive Summary. The federal workforce is composed of about 2 million civil servants who provide continuity across presidential administrations and another 4,000 political appointees who are selected by the president. About 1,200 of these political appointees require Senate approval.

Can override a presidential veto with a 2/3 majority vote?

Congress can override a veto by passing the act by a two-thirds vote in both the House and the Senate.

Who has to approve the president's appointments?

the SenateThe Constitution also provides that the Senate shall have the power to accept or reject presidential appointees to the executive and judicial branches.

Does Senate have to confirm Cabinet members?

The vast majority are routinely confirmed, while a small but sometimes highly visible number of nominees fail to receive action or are rejected by the Senate. In its history, the Senate has confirmed 126 Supreme Court nominations and well over 500 Cabinet nominations.

What can the president do if an appointment needs to happen but the Senate is recessed?

Article II, Section 2, Clause 3: The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

What margins is required to elevate a president's nominee to a seat on the court?

What margin is required to choose the president? What's the vote required for a president to be chosen? The Constitution specifies a three-fourths majority for just one process.

Which positions do not require Senate approval?

These includes most senior White House aides and advisors as well as their deputies and key assistants. These appointments do not require a Senate hearing or vote.

What positions in government require Senate approval?

Contents1 Committee on Agriculture, Nutrition and Forestry. ... 2 Committee on Armed Services. ... 3 Committee on Banking, Housing, and Urban Affairs. ... 4 Committee on the Budget. ... 5 Committee on Commerce, Science, and Transportation. ... 6 Committee on Energy and Natural Resources. ... 7 Committee on Environment and Public Works.More items...

Who can the president appoint without approval?

United States (1926): The court held that the power to remove appointed officials, with the exception of federal judges, rests solely with the president and does not require congressional approval.

Majority rule

The 54 senators voting “yes”, thereby confirming Barr as attorney general, represent 48 percent of voting age Americans, or 107 million people.

Key votes

Democrats Joe Manchin, Doug Jones and Kyrsten Sinema voted to confirm Barr and one Republican, Rand Paul, voted against Barr.

How many nominees have been rejected by the Senate?

3 nominees. In the past 100 years, the Senate has rejected three nominations on a recorded vote. Americans tend to think of their president as the most powerful person in the world, but the Constitution limits the power of all three branches of government—the president as well as the Congress and the federal courts.

How many cabinet nominations did the Senate reject?

At this writing, the Senate has rejected only nine of a president’s Cabinet nominations. Four were made by embattled Whig-turned-Independent John Tyler in 1843 and 1844, including choices for secretary of war and treasury secretary.

How long is the recess for the Senate?

In the high court’s first-ever decision on the breadth of the president’s power in making recess appointments, the justices said such appointments must be made during a Senate recess lasting at least 10 days. And if the Senate says it is in session, the court ruled, it’s in session.

When did the Senate pass a resolution allowing nominations for specific positions to bypass a committee?

In 2011, to ease the logjam of President Obama’s appointees awaiting confirmation, the Senate adopted a resolution allowing nominations for specific positions to bypass a committee and go to the full Senate for a vote. The committee still collects background, however.

What is the job of the executive clerk in the Senate?

The appropriate committee investigates the nominee, holds hearings, and reports to the full Senate.

What is the Office of Government Ethics?

The Office of Government Ethics is available to guide a candidate through the paperwork. The FBI typically does a background check and submits a report. The Office of Government Ethics, along with an ethics official from the relevant agency, reviews the financial disclosures.

Which branch of government determines whether to confirm a nominee?

Second, the Senate determines whether to confirm the nomination. Third, the president presents a signed commission to the successful nominee and he or she is sworn in, assuming authority to carry out the duties of the office. The appointments clause of the Constitution specifies that the president.

How long does a Senate nomination have to be on the executive calendar?

The nomination must be on the Executive Calendar for more than one day before it can make it to the Senate floor for consideration. Unanimous consent of the time and date for debate must be agreed upon by all senators. If even one senator does not agree, a hold is placed on the nomination.

How does the Senate process start?

The process begins when the president provides a written nomination to the Senate, where it is read on the floor and assigned a number. This starts the Senate's procedure of " Advice and Consent " laid out in Article II of the U.S. Constitution for the appointment of high ranking officials by the president.

What is PAS in the Senate?

All presidential appointments requiring Senate confirmation (PAS) must follow the appointment confirmation process before taking office. Although the number of PAS positions varies by administration, it typically includes all executive department secretaries, undersecretaries, and inspectors general. Some roles in independent agencies and ...

What does the left column on the Senate committee mean?

The left column indicates the Senate committee, and the right indicates the federal departments and administrations over which the committee has jurisdiction. For more information on each committee, follow the link in the left column. Jurisdictions of Senate committees in presidential appointment confirmation. U.S. Senate committee. Jurisdiction.

What happens after the Senate votes on a nomination?

Following a vote of cloture, the Senate conducts a simple majority vote on whether to confirm, reject, or take no action on the nomination.

What agency does a nominee go through?

A chosen nominee then must pass through a series of investigations by the Federal Bureau of Investigation, Internal Revenue Service, the Office of Government Ethics and an ethics official from the agency to which the position is assigned.

Who is the attorney general nominee for Biden?

Merrick Garland, President Biden's nominee for U.S. attorney general, speaks in Wilmington, Del., on Jan. 7. Most people know Judge Merrick Garland for what didn't happen to him. Five years ago, the Senate never acted on his nomination to the Supreme Court. This week, that will change, as a new chapter begins in Garland's lifelong commitment ...

Who is the Supreme Court nominee for 2016?

In 2016, Judge Merrick Garland was President Barack Obama's nominee to the Supreme Court. Five years later, he is President Biden's pick to lead the Justice Department.

Is the Justice Department still reeling from the Trump years?

The Justice Department is still reeling from political scandals from the Trump years — and racing to neutralize the threat from homegrown, violent extremists who participated in the attack on the U.S. Capitol. Over a legal career that spans 44 years, Garland has confronted those kinds of problems before.

How many committees are there for a nomination?

Most nominations are referred to one committee. For some positions, a nomination or series of nominations to a position are referred to more than one committee, pursuant to a standing order, a UC agreement, or a statutory provision. A nomination may be jointly or sequentially referred to multiple committees.

What is the term of office for a single head agency?

In contrast, terms of office for appointments to multi-member entities, such as commissions and boards, are often for fixed periods of time.

What is the process of making an appointment to an advice and consent position?

As part of the process of making an appointment to an advice and consent position, the President submits a nomination to the Senate. Most nominations are referred to the appropriate Senate committee or committees on the day they are received. Such referrals are guided by Senate Rule XXV, which establishes the subject matter under the purview of each committee and directs that "all proposed legislation, messages, petitions, memorials, and other matters relating primarily to [those] subjects" be referred to that committee. Precedents set by prior referrals, standing orders, and unanimous consent (UC) agreements adopted by the Senate pertaining to the referral of nominations may also influence the referral process.

How many terms does the Foreign Claims Settlements Commission have?

Foreign Claims Settlements Commission#N#* Member—three positions (three-year terms of office—One person is nominated to be the full-time chair of the commission along with two part-time members (22 U.S.C. §1622c (b))

Which branch has jurisdiction over most positions in a department or agency?

Usually, however, one committee has jurisdiction over most positions in a department or agency. The appointment provisions for certain executive branch chief financial officers (CFOs) are unusual. The Chief Financial Officers Act of 1990, as amended, covers CFOs in 25 specified departments and agencies.

How many jobs can the President fill without the Senate?

If you really want to work “at the pleasure of the president,” but don’t want to have to face the scrutiny of the U.S. Senate, there are more than 320 other high-level government jobs that the president can fill directly without the Senate’s consideration or approval.

How long does the Senate have to be in recess?

Noel Canning ruled that the Senate must be in recess for at least three consecutive days before the president can make recess appointments.

What is Senate Resolution 116?

Hoping to avoid those political pitfalls and delays in the presidential nominee approval process, the Senate, on June 29, 2011, adopted Senate Resolution 116, which established a special expedited procedure governing Senate consideration of certain lower-level presidential nominations. Under the resolution, over 40 specific presidential nominations—mostly assistant department secretaries and members of various boards and commissions—bypass the Senate subcommittee approval process. Instead, the nominations are sent to the chairpersons of the appropriate Senate committees under the heading, “Privileged Nominations – Information Requested.” Once the committees’ staffs have verified that the “appropriate biographical and financial questionnaires have been received” from the nominee, the nominations are considered by the full Senate.

How many positions are there on the Supreme Court?

Justices of the Supreme Court: 9 positions (Supreme Court justices serve for life subject to death, retirement, resignation or impeachment.) Certain jobs in the independent, non-regulatory executive branch agencies, like NASA and the National Science Foundation: Over 120 positions. Director positions in the regulatory agencies, ...

Which clause of Article II gives the President the power to fill up all vacancies that may happen during the recess

Specifically, the third clause of Article II, Section 2 grants the president the power to “fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.”.

Can a senator direct a privileged nominee to a Senate committee?

However, under the rules governing unanimous consent items, any Senator, for himself or herself or on the behalf of another Senator, can direct that any particular “privileged” nominee be referred to Senate committee and considered in the usual fashion.

Can the President make appointments without the Senate?

The courts have held that this means that during times the Senate is in a recess, the president can make appointments without the need for Senate approval. However, the appointee must be approved by the Senate by the end of the next session of Congress, or when the position becomes vacant again.