08 January 2009

Confirmation Hearings Begin on Obama’s Top Advisers

President-elect’s Cabinet picks are subject to Senate review, confirmation

 
Head shot of Tom Daschle (AP Images)
Tom Daschle’s confirmation hearing, the first for a potential Obama nominee, was held January 8.

Washington — Even though Barack Obama does not become president until January 20, a U.S. Senate committee held the first of many confirmation hearings on the president-elect’s Cabinet choices January 8.

Like other presidents, Obama will appoint thousands of officials to his administration, and many high-ranking officials, including most members of his Cabinet, will have to be confirmed by the Senate. Many of these primary presidential advisers will carry the title “secretary” and oversee some of the most important departments of the U.S. government, including State, Defense and Treasury.

Obama cannot formally nominate anyone until he becomes president January 20, but he has made his choices known and those choices are diverse. They include two Republicans, five women, two Hispanics, three African Americans, two Asian Americans and an Arab American. (See “Future Cabinet.”)

Prior to Obama’s inauguration, Senate committees can hold hearings, interview Obama’s potential officials and make recommendations on whether officials should be confirmed by the entire Senate. But the Senate cannot confirm an official until after Obama has taken the oath of office and formally submitted a document notifying the Senate of his nominations.

THE CONFIRMATION PROCESS

Article II, Section 2, of the U.S. Constitution says the president “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint high government officials.”

The Senate typically advises and consents by confirming a president’s nominations of high-ranking officials. More than 2,000 posts require Senate confirmation, including Cabinet positions, Supreme Court justices, ambassadors, U.S. attorneys, federal judges and the heads of some government agencies and commissions.

Head shot of Hillary Clinton with flag backdrop (AP Images)
Hillary Clinton will appear before the Senate Foreign Relations Committee January 13.

Approximately 99 percent of presidential nominations submitted to the Senate eventually are confirmed, according to the Congressional Research Service. Most confirmations occur quickly and without controversy, but for some important positions — typically Cabinet officials and Supreme Court justices — the confirmation process can take weeks or even months for a controversial nominee.

Much of the confirmation process for Cabinet officials and Supreme Court justices occurs in committees, which are set up to address specific subject areas. The committee with jurisdiction over a nominee’s proposed post will question that nominee and discuss his or her credentials. For example, the Senate Committee on Agriculture, Nutrition and Forestry will be responsible for holding hearings on Obama’s choice to head the Department of Agriculture, former Iowa Governor Tom Vilsack.

Committee members can vote to report a nomination favorably, report a nomination unfavorably or report a nomination without recommendation. The full Senate may not consider a nomination until a committee issues its report. At that point, the nomination can come to the full Senate for discussion and debate.

When the Senate is ready to vote, senators are asked, “Will the Senate advise and consent to this nomination?” Senators may vote to confirm, reject or take no action. If a majority of senators vote to confirm, the nomination is accepted.

UPCOMING HEARINGS

Tom Daschle, Obama’s choice for secretary of health and human services, appeared before the Senate Health, Education, Labor and Pensions Committee on January 8. Daschle, a former U.S. senator from South Dakota, is familiar with the hearings process. His hearing was the first of the 111th Congress.

“The Department of Health and Human Services touches the lives of all Americans in crucial and fundamental ways,” Daschle told the panel. “It is called upon to protect our citizens as well as offer them assistance in fulfilling essential tasks for their well-being.”

Daschle said that if confirmed, he will work to ensure that fewer Americans lack health insurance, to increase preventive care and to strengthen the powers of the Food and Drug Administration. Daschle is expected to have a quick confirmation process.

More than a dozen confirmation hearings are scheduled to take place before the presidential inauguration. They include hearings for Secretary of State–designate Hillary Clinton (January 13) and Secretary of the Treasury–designate Timothy Geithner (January 15).

A schedule of upcoming hearings is available on the U.S. Senate Web site.

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