Appointments Clause in the context of "United States Secretary of the Treasury"

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👉 Appointments Clause in the context of United States Secretary of the Treasury

The United States secretary of the treasury is the head of the United States Department of the Treasury, and is the chief financial officer of the federal government of the United States. The secretary of the treasury serves as the principal advisor to the president of the United States on all matters pertaining to economic and fiscal policy. The secretary is, by custom, a member of the president's cabinet and, by law, a member of the National Security Council, and fifth in the U.S. presidential line of succession.

Under the Appointments Clause of the United States Constitution, the officeholder is nominated by the president of the United States, and, following a confirmation hearing before the Senate Committee on Finance, will take the office if confirmed by the majority of the full United States Senate.

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Appointments Clause in the context of Recess appointment

In the United States, a recess appointment is an appointment by the president of a federal official when the U.S. Senate is in recess. Under the U.S. Constitution's Appointments Clause, the president is empowered to nominate, and with the advice and consent (confirmation) of the Senate, make appointments to high-level policy-making positions in federal departments, agencies, boards, and commissions, as well as to the federal judiciary. A recess appointment under Article II, Section 2, Clause 3 of the Constitution is an alternative method of appointing officials that allows the temporary filling of offices during periods when the Senate is not in session. It was anticipated that the Senate would be away for months at a time, so the ability to fill vacancies in important positions when the Senate is in recess and unavailable to provide advice and consent was deemed essential to maintain government function, as described by Alexander Hamilton in No. 67 of The Federalist Papers.

In modern times, the Senate is in session nearly year-round, making the recess appointment mechanism far less necessary or useful for upkeep of government function. Nonetheless, in recent times this power has also been controversially used as a political tool to temporarily install an unpopular nominee by sidestepping the Senate's role in the confirmation process; the Senate has taken measures from time to time to prevent a president from making recess appointments, specifically by holding pro forma sessions. The Supreme Court affirmed that pro forma sessions are sufficient to prevent recess appointments and addressed other intricacies of the practice in NLRB v. Noel Canning (2014). Appointments made during a recess must be confirmed by the Senate by the end of the next session of Congress, or the appointment expires. In current practice, this means that a recess appointment must be approved by roughly the end of the next calendar year and thus could last for almost two years, if made early enough in the year. In situations where a recess appointment is prevented, a lower official frequently assumes the duties of the position in an acting role.

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Appointments Clause in the context of United States Attorney General

The United States attorney general (AG) is the head of the United States Department of Justice (DOJ) and serves as the chief law enforcement officer of the federal government. The attorney general acts as the principal legal advisor to the president of the United States on all legal matters. The attorney general is also a statutory member of the Cabinet of the United States and a member of the United States National Security Council. Additionally, the attorney general is seventh in the presidential line of succession. The attorney general is the only cabinet department head who is not given the title Secretary.

Under the Appointments Clause of the United States Constitution, the officeholder is nominated by the president of the United States, and, following a confirmation hearing before the Senate Judiciary Committee, will take office if confirmed by the majority of the full United States Senate. The attorney general is supported by the Office of the Attorney General, which includes executive staff and several deputy attorneys general.

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Appointments Clause in the context of Chief justice of the United States

The chief justice of the United States is the chief judge of the Supreme Court of the United States and is the highest-ranking officer of the U.S. federal judiciary. Article II, Section 2, Clause 2 of the U.S. Constitution grants plenary power to the president of the United States to nominate, and, with the advice and consent of the United States Senate, appoint "Judges of the Supreme Court", who serve until they die, resign, retire, or are impeached and convicted. The existence of a chief justice is only explicit in Article I, Section 3, Clause 6 which states that the chief justice shall preside over the impeachment trial of the president; this has occurred three times, for Andrew Johnson, Bill Clinton, and for Donald Trump's first impeachment.

The chief justice has significant influence in the selection of cases for review, presides when oral arguments are held, and leads the discussion of cases among the justices. Additionally, when the court renders an opinion, the chief justice, if in the majority, chooses who writes the court's opinion; however, when deciding a case, the chief justice's vote counts no more than that of any other justice.

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Appointments Clause in the context of Associate Justice of the Supreme Court of the United States

An associate justice of the Supreme Court of the United States is a justice of the Supreme Court of the United States, other than the chief justice of the United States. The number of associate justices is eight, as set by the Judiciary Act of 1869.

Article II, Section 2, Clause 2 of the Constitution of the United States grants plenary power to the president to nominate, and with the advice and consent (confirmation) of the Senate, appoint justices to the Supreme Court. Article III, Section 1 of the Constitution effectively grants life tenure to associate justices, and all other federal judges, which ends only when a justice dies, retires, resigns, or is impeached and convicted.

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Appointments Clause in the context of United States federal judge

In the United States, a federal judge is a judge who serves on a court established under Article Three of the U.S. Constitution. Often called "Article III judges", federal judges include the chief justice and associate justices of the U.S. Supreme Court, circuit judges of the U.S. Courts of Appeals, district judges of the U.S. District Courts, and judges of the U.S. Court of International Trade.

Federal judges are not elected officials, unlike the president and vice president and U.S. senators and representatives. They are nominated by the president and confirmed by the Senate. The Constitution gives federal judges life tenure, and they hold their seats until they die, resign, or are removed from office through impeachment.

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Appointments Clause in the context of Presidential nominee

In United States politics and government, the term presidential nominee has two different meanings:

  1. A candidate for president of the United States who has been selected by the delegates of a political party at the party's national convention (also called a presidential nominating convention) to be that party's official candidate for the presidency.
  2. A person nominated by a sitting U.S. president to an executive or judicial post, subject to the advice and consent of the Senate. (See Appointments Clause, List of positions filled by presidential appointment with Senate confirmation.)
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Appointments Clause in the context of Officer of the United States

An officer of the United States is a functionary of the executive or judicial branches of the federal government of the United States to whom is delegated some part of the country's sovereign power. The term officer of the United States is not a title, but a term of classification for a certain type of official.

Under the Appointments Clause of the Constitution, the principal officers of the U.S., such as federal judges, and ambassadors and "other public Ministers and Consuls", are appointed by the president with the advice and consent of the Senate, but Congress may vest the appointment of inferior officers to the president, courts, or federal department heads. Civilian officers of the U.S. are entitled to preface their names with the honorific style "the Honorable" for life, but this rarely occurs. Officers of the U.S. should not be confused with employees of the U.S.; the latter are more numerous and lack the special legal authority of the former.

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