senate confirmation

[justinh]

Where in the constitution does it give the Congressional branch the power to approve the Executive branch's nominees? Never understood that part. I can understand Congressional approval of a Judical appointee but not an
Executive branch's nominee.

[starfish]

Article. II.
Section. 2.

Clause 2: He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

[justinh]

thanks, who can remove a dept head? is the dept working for the executive branch or not?

[BobT]

After much consternation about this, the Supreme Court decided in the 1920s, I believe, that the President can remove any Cabinet head (or any political appointee) at his/her discretion. No Senate approval is required for removal.

Congress can impeach a Cabinet officer, but I don't know if it has ever acted to do so. If a Cabinet member caused that much trouble, I would think that the president would just fire the person and minimize the political embarrassment.