Recess Appointments: Frequently Asked Questions

Recess Appointments: Frequently Asked Questions

Date: July 7, 2013
Creator: Hogue, Henry B.
Description: This report supplies brief answers to some frequently-asked questions regarding recess appointments. These are appointments to high-level policy-making positions in federal departments which are generally confirmed by the Senate. When the Senate is in recess, the President may make a temporary appointment, called a recess appointment, to any such position without Senate approval.
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Presidential Appointee Positions Requiring Senate Confirmation and Committees Handling Nominations

Presidential Appointee Positions Requiring Senate Confirmation and Committees Handling Nominations

Date: November 25, 2013
Creator: Davis, Christopher M. & Mansfield, Jerry W.
Description: This report identifies, by Senate committee, presidentially appointed positions requiring Senate confirmation based on referrals as of the date of passage of S. 679, which became P.L. 112-166 on August 10, 2012.
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Senate Consideration of Presidential Nominations: Committee and Floor Procedure

Senate Consideration of Presidential Nominations: Committee and Floor Procedure

Date: November 25, 2013
Creator: Rybicki, Elizabeth
Description: This report describes the process by which the Senate provides advice and consent on presidential nominations, including receipt and referral of nominations, committee practices, and floor procedure. The report was updated to reflect the changes resulting from Senate actions on November 21, 2013.
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U.S. Circuit and District Court Nominations During President Obama's First Five Years: Comparative Analysis With Recent Presidents

U.S. Circuit and District Court Nominations During President Obama's First Five Years: Comparative Analysis With Recent Presidents

Date: January 24, 2014
Creator: McMillion, Barry J.
Description: This report concerns nominations made by President Obama and other recent Presidents to the U.S. circuit courts of appeals and the U.S. district courts. It discusses the selection and confirmation process for U.S. circuit and district court judges.
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U.S. Circuit and District Court Nominations During the Obama Presidency: Midyear Analysis and Comparison with Recent Presidents

U.S. Circuit and District Court Nominations During the Obama Presidency: Midyear Analysis and Comparison with Recent Presidents

Date: June 30, 2014
Creator: McMillion, Barry J.
Description: This report addresses these issues by providing a statistical analysis of nominations to U.S. circuit and district court judgeships from January 20 of President Obama's first year in office to June 30 of his sixth year, and by comparing statistics during this period of the Obama presidency to statistics from comparable periods of time during the presidencies of his two most recent predecessors.
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Recess Appointments Made by President Barack Obama

Recess Appointments Made by President Barack Obama

Date: June 11, 2013
Creator: Hogue, Henry B. & Bearden, Maureen
Description: This report identifies recess appointments by President Obama, from the beginning of his presidency, on January 20, 2009, until June 3, 2013. The report discusses these recess appointments in the context of recess appointment authorities and practices generally, and it provides related statistics
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Supreme Court Appointment Process: Roles of the President, Judiciary Committee, and Senate

Supreme Court Appointment Process: Roles of the President, Judiciary Committee, and Senate

Date: September 3, 2010
Creator: Rutkus, Denis S.
Description: This report discusses the appointment of Supreme Court Justices, including the President's selection of a nominee and process to reach confirmation in the Senate. The appointment of a Supreme Court Justice is an event of major significance in American politics. Each appointment is of consequence because of the enormous judicial power the Supreme Court exercises as the highest appellate court in the federal judiciary. Appointments are usually infrequent, as a vacancy on the nine-member Court may occur only once or twice, or never at all, during a particular President's years in office. Under the Constitution, Justices on the Supreme Court receive lifetime appointments. Such job security in the government has been conferred solely on judges and, by constitutional design, helps insure the Court's independence from the President and Congress.
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Questioning Supreme Court Nominees About Their Views on Legal or Constitutional Issues: A Recurring Issue

Questioning Supreme Court Nominees About Their Views on Legal or Constitutional Issues: A Recurring Issue

Date: June 23, 2010
Creator: Rutkus, Denis Steven
Description: This report discusses a recurring Senate issue regarding what kinds of questions are appropriate for Senators to pose to a Supreme Court nominee appearing at hearings before the Senate Judiciary Committee. Particularly at issue has been whether, or to what extent, questions by committee members should seek out a nominee's personal views on current legal or constitutional issues or on past Supreme Court decisions that have involved those issues.
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Supreme Court Nominations Not Confirmed, 1789-August 2010

Supreme Court Nominations Not Confirmed, 1789-August 2010

Date: August 20, 2010
Creator: Hogue, Henry B.
Description: From 1789 through August 2010, Presidents submitted 160 nominations to Supreme Court positions. Of these, 36 were not confirmed by the Senate. This report provides a summary of these unsuccessful nominations and the factors that lead to them.
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Speed of Presidential and Senate Actions on Supreme Court Nominations, 1900-2010

Speed of Presidential and Senate Actions on Supreme Court Nominations, 1900-2010

Date: August 6, 2010
Creator: Garrett, R. S. & Rutkus, Denis S.
Description: This report provides information on the amount of time taken to act on all Supreme Court nominations occurring between 1900 and the present. It focuses on the actual amounts of time that Presidents and the Senate have taken to act (as opposed to the elapsed time between official points in the process). This report focuses on when the Senate became aware of the President's selection (e.g., via a public announcement by the President).
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Supreme Court Nominations, 1789 - 2010: Actions by the Senate, the Judiciary Committee, and the President

Supreme Court Nominations, 1789 - 2010: Actions by the Senate, the Judiciary Committee, and the President

Date: August 23, 2010
Creator: Rutkus, Denis Steven & Bearden, Maureen
Description: This report lists and describes actions taken by the Senate, the Senate Judiciary Committee, and the President on all Supreme Court nominations, from 1789 to the present.
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Attorney General Nominations Since the Reagan Administration

Attorney General Nominations Since the Reagan Administration

Date: December 4, 2014
Creator: Carey, Maeve P. & Greene, Michael
Description: On November 9, 2014, President Obama announced his intention to nominate U.S. Attorney Loretta E. Lynch to replace Eric H. Holder Jr. as Attorney General (AG). Presidents have nominated a total of 11 individuals, including Lynch, for the position of AG since the beginning of the Reagan Administration in 1981. This report provides a table with information regarding these 11 nominations.
Contributing Partner: UNT Libraries Government Documents Department
Nominations to Article III Lower Courts by President George W. Bush During the 110th Congress

Nominations to Article III Lower Courts by President George W. Bush During the 110th Congress

Date: October 20, 2008
Creator: Rutkus, Denis Steven & Bearden, Maureen
Description: This report tracks nominations made by President George W. Bush to judgeships on the U.S. courts of appeals, the U.S. district courts, and the U.S. Court of International Trade — the lower courts on which, pursuant to Article III of the Constitution, judges serve "during good Behaviour." It lists and keeps count of all nominations made to these courts during the 110th Congress, including pertinent actions taken by the Senate Judiciary Committee and the full Senate. It also tracks the number of judicial vacancies on the courts (including vacancies classified by the federal judiciary as "judicial emergencies"), the number of nominations pending to fill the vacancies, and the names of the pending nominees. It presents the number of persons nominated by President Bush to each category of lower Article III court during his entire presidency (breaking down each total to show the number confirmed, pending, returned and not re-nominated, and withdrawn). Last, it provides tabular and graphical comparisons of President Bush's lower court nominee statistics with those of the four Presidents who immediately preceded him.
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Presidential Appointee Positions Requiring Senate Confirmation and Committees Handling Nominations

Presidential Appointee Positions Requiring Senate Confirmation and Committees Handling Nominations

Date: March 18, 2008
Creator: Hogue, Henry B.; Bearden, Maureen & Lisbeth, Terrence L.
Description: This report identifies, by Senate committee, presidentially appointed positions requiring Senate confirmation based on referrals as of October 31, 2007. For each committee list, positions are categorized as full- or part-time and then grouped by department or agency. Where nominations have been referred to more than one committee, the organizations and titles are noted under each of the committees to which the nominations were referred. The lists also include the lengths of fixed terms, where applicable. Some commissions, councils, and other multi-member entities are required, by their enabling statutes, to maintain political balance in some way.
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Presidential Appointments to Full-Time Positions in Independent and Other Agencies During the 111th Congress

Presidential Appointments to Full-Time Positions in Independent and Other Agencies During the 111th Congress

Date: January 22, 2013
Creator: Carey, Maeve P.; Greene, Michael W. & Bearden, Maureen
Description: This report explains the process for filling positions to which the President makes appointments with the advice and consent of the Senate (also referred to as PAS positions). It also identifies, for the 111th Congress, all nominations to full-time positions requiring Senate confirmation in 40 organizations in the executive branch (27 independent agencies, 6 agencies in the Executive Office of the President (EOP), and 7 multilateral organizations) and 4 agencies in the legislative branch. It excludes appointments to executive departments and to regulatory and other boards and commissions, which are covered in other reports.
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Presidential Appointments to Full-time Positions in Executive Departments During the 109th Congress, 2005-2006

Presidential Appointments to Full-time Positions in Executive Departments During the 109th Congress, 2005-2006

Date: June 10, 2008
Creator: Hogue, Henry B.; Bearden, Maureen & Ely, Dana
Description: This report provides an overview of the process for filling positions to which the President makes appointments with the advice and consent of the Senate (PAS positions). It also identifies, for the 109th Congress, all nominations to executive level full-time positions in the 15 departments. Profiles of the departments provide basic information regarding their full-time PAS positions and related appointment activity during the 109th Congress.
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The Recess Appointment Power After Noel Canning v. NLRB: Constitutional Implications

The Recess Appointment Power After Noel Canning v. NLRB: Constitutional Implications

Date: March 27, 2013
Creator: Garvey, Todd & Carpenter, David H.
Description: This report begins with a general legal overview of the Recess Appointments Clause and a discussion of applicable case law that existed prior to the D.C. Circuit's decision in Noel Canning. The report then analyzes the Noel Canning opinion and evaluates the impact the case could have on the roles of the President and Congress in the appointments context.
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The Appointment Process for U.S. Circuit and District Court Nominations: An Overview

The Appointment Process for U.S. Circuit and District Court Nominations: An Overview

Date: October 22, 2014
Creator: Rutkus, Denis Steven
Description: The report's exclusive focus is the process of appointment of U.S. circuit and district court judges through presidential nomination and Senate confirmation.
Contributing Partner: UNT Libraries Government Documents Department
The Emoluments Clause: History, Law, and Precedents

The Emoluments Clause: History, Law, and Precedents

Date: January 7, 2009
Creator: Tatelman, Todd B.
Description: This report provides an historical review of the Emoluments Clause, focusing on the debates at the time the clause was drafted, as well as the precedents adopted by Congress and the executive branch with respect to nominations where the issue has arisen.
Contributing Partner: UNT Libraries Government Documents Department
Nominations to Article III Lower Courts by President George W. Bush During the 110th Congress

Nominations to Article III Lower Courts by President George W. Bush During the 110th Congress

Date: May 30, 2008
Creator: Rutkus, Denis Steven; Scott, Kevin M. & Bearden, Maureen
Description: This report tracks nominations made by President George W. Bush to judgeships on the U.S. courts of appeals, the U.S. district courts, and the U.S. Court of International Trade. It lists and keeps count of all nominations made to these courts during the 110th Congress, including pertinent actions taken by the Senate Judiciary Committee and the full Senate. It also tracks the number of judicial vacancies on the courts (including vacancies classified by the federal judiciary as "judicial emergencies"), the number of nominations pending to fill the vacancies, and the names of the pending nominees. It presents the number of persons nominated by President Bush to each category of lower Article III court during his entire presidency (breaking down each total to show the number confirmed, pending, returned and not re-nominated, and withdrawn). Last, it provides a tabular comparison of President Bush's lower court nominee statistics with those of the four Presidents who immediately preceded him.
Contributing Partner: UNT Libraries Government Documents Department
Filling Advice and Consent Positions at the Outset of a New Administration

Filling Advice and Consent Positions at the Outset of a New Administration

Date: December 18, 2008
Creator: Hogue, Henry B.; Bearden, Maureen & Palmer, Betsy
Description: In its 2004 report, the 9/11 Commission identified what it perceived were shortcomings in the appointment process during presidential transitions. This report examines the advice and consent appointment process during such transitional periods, including the selection and vetting of PAS positions, temporary staffing and differences in the length of the appointment process for cabinet members compared to sub-cabinet members.
Contributing Partner: UNT Libraries Government Documents Department
Presidential Appointments to Full-Time Positions in Executive Departments During the 111th Congress, 2009-2010

Presidential Appointments to Full-Time Positions in Executive Departments During the 111th Congress, 2009-2010

Date: July 15, 2014
Creator: Carey, Maeve P. & Greene, Michael
Description: This report explains the process for filling positions to which the President makes appointments with the advice and consent of the Senate (also referred to as PAS positions). It also identifies, for the 111th Congress, all nominations to full-time positions requiring Senate confirmation in the 15 executive departments.
Contributing Partner: UNT Libraries Government Documents Department
Nominations to Cabinet Positions During Inter-Term Transitions Since 1984

Nominations to Cabinet Positions During Inter-Term Transitions Since 1984

Date: July 30, 2014
Creator: Carey, Maeve P.; Greene, Michael & Hogue, Henry B.
Description: This report discusses nominations to Cabinet positions during inter-term presidential transitions. It begins with a discussion of the positions that make up the Cabinet and the process by which nominations to such positions are considered in the Senate. Following this discussion, the report provides data on, and analysis of, the pace of Senate consideration of inter-term transition nominations to Cabinet positions since 1984.
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The Debate Over Selected Presidential Assistants and Advisors: Appointment, Accountability, and Congressional Oversight

The Debate Over Selected Presidential Assistants and Advisors: Appointment, Accountability, and Congressional Oversight

Date: unknown
Creator: Schwemle, Barbara L.; Garvey, Todd; Chu, Vivian S. & Hogue, Henry B.
Description: This report provides background information and selected views on the role of the appointments made by President Barack H. Obama to his Administration or by Cabinet secretaries to their departments. Additionally, it discusses some of the constitutional concerns that have been raised about presidential advisors.
Contributing Partner: UNT Libraries Government Documents Department
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