what chamber of congress does any attorney general nominee must be confirmed by

by Vesta Kling Sr. 6 min read

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.

How many senators are needed to confirm a judicial nominee?

 · Under the Constitution’s Article II, Section 2, the President offers executive office nominees such as the Attorney General to the Senate for …

What are the rules for confirmation of federal agency nominees?

Barr will likely be confirmed by the Republican-majority Senate — but his pathway to attorney general is bound to be a lot testier, and more dramatic, the second time around.

What body of Congress approves nominations and appointments?

Article II, section 2 of the Constitution splits the responsibility for filling high-ranking federal government positions between the executive and legislative branches. The president has the power to appoint people to these positions, but those appointments must be approved by the Senate. The confirmation process provides the Senate the opportunity to influence policy by …

What determines whether a presidential nominee is confirmed by the Senate?

Second, the Senate determines whether to confirm the nomination. Third, the president presents a signed commission to the successful nominee and he …

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Which chamber of Congress approves nominations?

While most of the Senate-related clauses of the Constitution are included in Article I, which creates the legislative branch of the federal government, it is Article II, section 2 that gives the Senate the exclusive right to provide advice and consent to the president on treaties and nominations.

Which chamber of Congress must vote to approve a nominee to the Supreme Court?

When the debate ends, the Senate votes on the nomination. A simple majority of the Senators present and voting is required for the judicial nominee to be confirmed. If there is a tie, the Vice President who also presides over the Senate casts the deciding vote.

Which chamber is responsible for confirming presidential nominations?

The Constitution also provides that the Senate shall have the power to accept or reject presidential appointees to the executive and judicial branches. This provision, like many others in the Constitution, was born of compromise.

Does a Supreme Court nominee have to be approved by Congress?

How are Supreme Court Justices selected? The President nominates someone for a vacancy on the Court and the Senate votes to confirm the nominee, which requires a simple majority. In this way, both the Executive and Legislative Branches of the federal government have a voice in the composition of the Supreme Court.

Which chamber of Congress is Section 2 talking about?

Section 2. [HOUSE OF REPRESENTATIVES] The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

How are nominations to the Supreme Court approved quizlet?

They are appointed for life by the President with the advice and consent of the Senate. Which of the following is an example of checks and balances, as established by the Constitution? The requirement that presidential appointments to the Supreme Court be approved by the Senate.

Which body of Congress approves nominations by the president quizlet?

The House of Representatives approves the nominations.

Which branch confirms presidential appointments?

The legislative branchThe legislative branch drafts proposed laws, confirms or rejects presidential nominations for heads of federal agencies, federal judges, and the Supreme Court, and has the authority to declare war.

Who must confirm the president's Cabinet nominations quizlet?

All Cabinet members in the United States must go through Senate confirmation and be approved by the Senate before they can be officially appointed to their position. More than 98 percent of Cabinet nominations are approved by the Senate.

How many Senate votes are required to confirm a Supreme Court nominee?

A simple majority vote is needed for confirmation (there are currently 100 U.S. senators).

Which branch approves cabinet and judicial appointees?

the SenateIn its history, the Senate has confirmed 126 Supreme Court nominations and well over 500 Cabinet nominations. For information on current nominations being considered by the Senate go to Legislation & Records.

What role does the Senate Judiciary Committee serve in the confirmation process quizlet?

What role does the Senate Judiciary Committee serve in the confirmation process? The committee holds public hearings with the candidate and recommends if the candidate should be confirmed by the Senate.

What is this memo, and why will everyone be talking about it?

In December, the Wall Street Journal reported that Barr had written an unsolicited 19-page memo in June 2018 to Deputy Attorney General Rosenstein and Assistant Attorney General Steve Engel arguing that Mueller’s inquiry into obstruction of justice was “fatally misconstrued” and “premised on a novel and legally insupportable reading of the law.” The New York Times later printed the full memo with Barr’s full argument, which you can read here..

A minor controversy ahead of the hearings, and what else to watch for this week

A small controversy ahead of the hearings might be an omen for the tough confirmation battle to come. Last week, some Democratic senators on the Judiciary Committee complained that Barr had refused to meet with them, and that the Justice Department was using the partial government shutdown as an excuse to keep Barr from these meetings.

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.

What is required before a presidential nomination?

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. The nominee must also fill out the Public Financial Disclosure Report and questionnaires related to his or her background check.

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 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 is the right column of the Senate Committee?

The following table outlines jurisdiction of the Senate committees in terms of the presidential appointment confirmation process. 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.

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.

Who was the secretary of commerce in 1945?

Only one cabinet position since 1945 has been confirmed by the Senate after being reported as unfavorable by a committee. Henry A. Wallace was confirmed by the Senate by a vote of 56-32 to become the secretary of commerce on March 1, 1945.

Which body of Congress approves nominations?

The president has the power to appoint people to these positions, but those appointments must be approved by the Senate .

What is the Senate hearing for a nominee?

Confirmation hearings are open to the public and often attract media attention. Nominees typically are introduced by one or both senators from their state of residence and asked questions from all senators about their background , qualifications, positions on important political issues and potential conflicts of interest . When the hearing is complete, the Senate votes to approve, reject or return the nominee to the reporting committee for further review. A simple majority of Senate votes is required to approve a nomination.

What committees review presidential nominees?

For example, the Committee on the Judiciary handles appointments of judges, U.S. attorneys and U.S. marshals. The Committee on Foreign Relations looks at ambassador nominees and other diplomatic appointments. Each committee has its own written rules for gathering and reviewing information on nominees. Many have their own background checks and may meet with the nominee prior to sending the nominee to the full Senate for a hearing. In some cases, witnesses may be called to present testimony on a nominee's background and qualifications for office. Once the committee has completed its investigation, members vote to report the nominee to the full senate. The committee may report a nominee favorably, unfavorably or without recommendation.

What is the Office of Presidential Personnel?

The Office of Presidential Personnel in the White House does the initial selection and early investigation of potential nominees for executive offices. When the president selects a single nominee, other executive agencies such as the FBI and the IRS become involved.

How many military positions are confirmed without hearings?

Of all the military, judicial and executive positions requiring Senate approval, about 99 percent are confirmed without extensive hearings.

Who introduces nominees to senators?

Nominees typically are introduced by one or both senators from their state of residence and asked questions from all senators about their background, qualifications, positions on important political issues and potential conflicts of interest.

Who has the power to appoint people to positions?

The president has the power to appoint people to these positions, but those appointments must be approved by the Senate. The confirmation process provides the Senate the opportunity to influence policy by rejecting nominees, which is an important check on the power of the executive branch.

Who presents a signed commission to the successful nominee?

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.

When are judicial nominations made?

A president’s most visible, and consequential, judicial nominations occur when a seat opens on the Supreme Court.

Why did the Senate pass a resolution in 2011?

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. And if a single senator objects to the expedited process, the nomination goes to committee as usual.

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 Supreme Court nominees have been withdrawn?

Four nominees withdrew (out of seven in history). Since 1845, the Senate has taken no action on only five Supreme Court nominees, the latest being Merrick Garland in 2016. Obama, a liberal Democrat, selected Garland to fill a vacancy created by the February 2016 death of Justice Antonin Scalia, a conservative.

Why can't a senator schedule a floor vote?

Opposition from one or more senators may prevent a floor vote because the Senate cannot schedule the vote absent unanimous consent.

Why do potential presidential candidates get priority?

Because all this takes time, potential nominees for the highest positions usually get priority. In 2004, Congress amended the law governing presidential transitions to encourage a president-elect to put forward candidates for the national security team shortly after the election.

What do senators question during the nomination hearings?

Senators question the nominee on his or her qualifications, judgment, and philosophy.

Who does the President consult with before announcing a nominee?

The President usually will consult with Senators before announcing a nomination. When the President nominates a candidate, the nomination is sent to the Senate Judiciary Committeefor consideration. The Senate Judiciary Committee holds a hearing on the nominee.

How many Supreme Court nominees failed to get confirmed?

According to Henry B. Hogue in his CRS Report, Supreme Court Nominations Not Confirmed, 1789-August 2010, there were 160 presidential nominations to the Court between 1789 and 2010, 36 nominations failed to win confirmation from the Senate. The 20th Century saw six confirmation failures, and they were: John J. Parker nominated by President Hoover in 1930, Abe Fortas nominated to be Chief Justice by President Lyndon Johnson in 1968, Homer Thornberry nominated by President Lyndon Johnson in 1968, Clement F. Haynsworth Jr. nominated by President Nixon in 1969, G. Harrold Carswell by President Nixon in 1970, Robert H. Bork by President Reagan in 1987, John G. Roberts, Jr ., nominated by President George W. Bush in 2005 (his nomination to Associate Justice was withdrawn so that President Bush could nominate him to be Chief Justice) and Harriet E. Miers, also nominated by President Bush in 2005.

How many votes are needed to end a debate?

In April 2017, the Senate changed this rule and lowered the required votes to 51 to end debate on Supreme Court nominations (this is commonly known as "the nuclear option").

What happens when the Senate votes on the nomination?

When the debate ends , the Senate votes on the nomination. A simple majority of the Senators present and voting is required for the judicial nominee to be confirmed. If there is a tie, the Vice President who also presides over the Senate casts the deciding vote.

Which article of the Constitution states that the Presidents shall nominate and by and with the Advice and Consent of the

Article II section 2 of the Constitution states that the Presidents "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ... Judges of the Supreme Court..." U.S. Const. art. 2 § 2, cl. 2.

Who is the judge who replaced Sandra Day O'Connor?

Judge Samuel A. Alito: Nominee to Replace Justice Sandra Day O'Connor (Confirmed)

Which article of the Constitution gives the President the power to nominate?

Article II, Section 2 of the Constitution grants the President of the United States the power to nominate, and with the advice and consent of the Senate, appoint individuals to certain positions laid out in the Constitution and in subsequent laws.

How many nominees are there in a military nomination?

Military nominations, for instance, often contain multiple names. For example, PN1340 (113th Congress) is a single military nomination with 185 nominees.

What are the filters for nominations?

Filters available for nominations include Congress, Nomination Type, Committee, Status of Nomination, and Nominees with US State or Territory Indicated. See Refining with Filters for more information.

What is Senate Committee Filter?

The Senate Committee filter allows you to limit a search to nominations referred to a specific committee.

Can multiple nominations be partitioned?

Nominations with multiple nominees may go through the confirmation process as a single nomination, but they could be partitioned if the nominees follow a different confirmation path. The partitions are identified with a suffix; for example, PN230-1 (114th Congress) and PN230-2 (114th Congress). In Congress.gov, searching on a PN number, such as PN230, without a partition designation will retrieve all partitions of a partitioned nomination.

What committee is the President's nomination sent to?

The president’s nomination is sent to the Senate and referred to the Judiciary Committee. After evaluation of the nominee’s record and legal career, and a background investigation by the FBI, the Judiciary Committee holds a hearing at which a nominee testifies and answers Senators’ questions.

How long does it take to get a Supreme Court nominee confirmed?

In fact, nearly one-quarter of Supreme Court nominees were not ultimately confirmed. Over the past three decades, the Judiciary Committee has held a hearing an average of 45 days after a Supreme Court nomination and a final confirmation vote occurred an average of 26 days after that.

How long does it take to hear a Supreme Court nominee?

Since 1988, the Senate Judiciary Committee has held a hearing on Supreme Court nominees an average of 45 days after nomination. Every full-term president but one (Jimmy Carter) has appointed at least one member of the Supreme Court.

What happens to a federal judge once he is sworn in?

Once sworn in, under the Constitution, a federal judge serves “during good Behaviour,” meaning a judge may serve until he is impeached or chooses to leave the bench —potentially decades after his appointment.

How many levels of the federal judiciary are there?

The federal judicial system has three levels. The U.S. District Court, where cases begin, currently has 673 positions organized into geographical districts. The U.S. Court of Appeals, which currently has 179 positions, is organized into 13 circuits. The U.S. Supreme Court, with nine members, decides approximately one percent of the appeals that it receives each year.

How long does a federal judge serve?

Once sworn in, under the Constitution, a federal judge serves “during good Behaviour,” meaning a judge may serve until he is impeached or chooses to leave the bench—potentially decades after his appointment. Supreme Court nominations receive the most attention and can become controversial.

What are the three branches of government?

The Constitution created three branches of the federal government – legislative, executive, and judicial – and set rules for how those branches operate. Article II describes the powers given to the president, including nominating individuals to fill positions in the executive and judicial branches. With one exception, however, ...

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Committee Hearings

  • The nomination is passed to the Senate committee with jurisdiction over the appointed position. Some PAS positions require a joint hearing of two or more committees. Committee hearings allow a close examination of the nominee, looking for partisanship and views on public policy. They can also summon supporters and opponents to testify. Committees are permitted to conduct their o…
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Committee Jurisdictions

  • The following table outlines jurisdiction of the Senate committees in terms of the presidential appointment confirmation process. 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.
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Senate Hearings

  • 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 holdis placed on the nomination. Once the nomination is considered by the Senate, unlimited d...
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Presidential Notification

  • Finally, the Senate's action on the nomination is sent to the president. All results are recorded in the Congressional Record.
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