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Cabinet Appointments

Gustavo Cruz

12-09-2024

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Secretary of Transportation Pete Buttigieg during his Senate confirmation hearing. (Source: Stefani Reynolds, The New York Times)

As America gears up for the second Trump administration, the news has and will continue to be filled with buzz surrounding Donald Trump’s cabinet picks. From RFK Jr to Marco Rubio, the news has begun taking highly scrutinizing looks at the people Donald Trump has chosen to form his next administration.

 

But why are these people so important? Well, to keep it simple, the people Trump chooses now will, if confirmed, lead the federal bureaucracy for the next 4 years, overseeing the government agencies as they implement Trump’s agenda. They will lead agencies in crafting (or scrapping) rules and regulations, enforcing laws, and carrying out Trump's vision for government. The President can’t be everywhere at all times, so it falls upon his cabinet and other appointments to carry out his agenda.

 

First let’s start with the basics, what are the different cabinet positions?

Who’s in the Cabinet?

In short, the Cabinet is a group of officials chosen by the President as advisors. These people typically lead a part of the bureaucracy and advise the President on various important issues. The first Presidential Cabinet, chosen by George Washignton, included the Secretary of State, responsible for the department of state and diplomacy, the Attorney General, responsible for the Justice Department, the Secretary of War, now known as the Secretary of Defense and responsible for the US armed forces, and Secretary of the Treasury. 

 

The President’s cabinet is made up of the leaders of the 15 executive departments. Under (and sometimes outside) these departments there exists a whole host of other bureaus, offices, and commissions that make up the federal bureaucracy. The 15 executive departments, however, are typically seen as the most influential and broadest of the federal bureaucracy, and play a central role in the President implementing his agenda. 

 

These departments are: 

  • Department of Agriculture (USDA)

  • Department of Commerce

  • Department of Defense

  • Department of Education

  • Department of Energy (DOE)

  • Department of Health and Human Services (HHS)

  • Department of Homeland Security (DHS)

  • Department of Housing and Urban Development (HUD)

  • Department of the Interior (DOI)

  • Department of Justice (DOJ)

  • Department of Labor

  • Department of State

  • Department of Transportation (DOT)

  • Department of the Treasury

  • Department of Veteran Affairs

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Though most of these officials are called “Secretary of [Insert Department]”, such as the Secretary of Agriculture, one is not. This is the previously mentioned Attorney General, who leads the Department of Justice.

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Beyond the 15 department heads, the President may, and typically does, name other officials to the Cabinet to serve as his advisors. Under the current Biden Cabinet, there are 10 additional people in the cabinet, 8 of them being other appointed bureaucratic leaders requiring Senate approval. In other words, there are 23 advisors to the President requiring the the Senate to approve them. So, hwo does that work?

Appointing Cabinet Heads

The word “Cabinet” is not in the Constitution. The Constitution, however, allows Congress to create federal agencies and whose leaders must be confirmed by the Senate. Then, in Article 2, Section 2, the Constitution says the President “may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices,” essentially saying the President can go to department heads for advice and counsel. It is from this idea that we get The Cabinet.

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In theory, this is how those department heads are appointed. Firstly, the President makes an official nomination. Then, the Senate holds hearings where Senators are allowed to question the nominee before voting to approve that nomination, and then the nominee becomes a Cabinet member and department head. It’s quite a simple process. Well, except for one thing.

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Recess Appointments

In the face of the highly controversial picks of RFK Jr, Pete Hegseth, Tulsi Gabbard, and the now withdrawn nomination of Matt Gaetz, the media has questioned whether or not key members of the Trump cabinet would receive the amount of support needed in the Senate to pass a confirmation vote. Because of this, the possibility of recess appointments has begun being discussed.

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Article 2, Section 2, Clause 3 of the Constitution says “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.” In other words, when the Senate is not in session, the President may fill up empty spots with temporary appointments. These appointments are the people known as “Acting Secretaries” and they can serve for 210 days from the day a position was empty, or 300 days if they are appointed in the first 60 days of an administration.

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Now, the Supreme Court has ruled that for this to take place the Senate has to be adjourned or in recess for 10 days, meaning that the Senate has now taken on a practice of “pro-forma sessions” where a single senator opens and closes the chamber multiple times over a break longer than the 10 day period.

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Only time will tell if all of Trump’s cabinet picks are confirmed by the Senate, or if he can use recess appointments to successfully push them soon. But one thing is clear. The fact department head nominees are subject to public Senate hearings means Trump, and all Presidents for that matter, must make sure their picks do not offend a majority of Senators enough to lose their confirmation vote, whether that be due to unsavory conduct or extreme opinions.

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