The President cannot staff the government or bind the nation to a treaty alone.
Article II, Section 2 gives the President power to make treaties “by and with the Advice and Consent of the Senate, provided two thirds of the Senators present concur,” and to nominate ambassadors, Supreme Court justices and other officers of the United States, who are appointed with the Senate’s advice and consent.
Who Needs Senate Confirmation
Roughly 1,200 to 1,300 positions require Senate confirmation, including Cabinet secretaries, federal judges, U.S. attorneys and marshals, ambassadors, and members of independent boards and commissions. Military promotions are also confirmed, usually in large groups.
The Constitution lets Congress vest the appointment of “inferior officers” in the President alone, the courts or department heads. That is why most federal employees are hired without Senate involvement.
How Confirmation Works
- Nomination: The White House sends the nomination to the Senate, typically after background and financial disclosure reviews
- Committee review: The committee of jurisdiction, such as Judiciary for judges or Armed Services for defense officials, holds a hearing and votes
- Floor vote: The full Senate votes. Since rule changes in 2013 and 2017, cloture on nominations requires only a simple majority, not 60 votes
- Returned nominations: Nominations not acted on can be returned to the President at a long recess or the end of a session
Treaties
Treaties require two-thirds of senators present, the highest vote threshold in regular Senate business. Much international cooperation today takes the form of executive agreements, which do not go through the Senate, a practice that has long been debated.
Recess Appointments and Acting Officials
The President may fill vacancies “that may happen during the Recess of the Senate” with temporary appointments. In NLRB v. Noel Canning (2014), the Supreme Court held that a recess of fewer than 10 days is presumptively too short. The Federal Vacancies Reform Act of 1998 governs who may serve as an acting official and for how long.
Why It Matters
Confirmation is one of the Senate’s strongest checks on the executive branch. The officials it confirms run the agencies that write regulations, prosecute cases and spend public money. Knowing who they are, and how your senators voted, is basic citizen oversight.
Keep Digging With Truth Agent
This article is a starting point. Truth Agent puts the public record at your fingertips, including the Constitution, federal law, regulations, court opinions and oversight reports, so you can follow nominations, committee hearings and confirmation votes as they happen without relying on anyone’s summary, including ours.
