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Recess Appointments: Frequently Asked Questions

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.
Date: July 7, 2013
Creator: Hogue, Henry B.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Senate Consideration of Presidential Nominations: Committee and Floor Procedure

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.
Date: November 25, 2013
Creator: Rybicki, Elizabeth
Item Type: Report
Partner: UNT Libraries Government Documents Department

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

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.
Date: January 24, 2014
Creator: McMillion, Barry J.
Item Type: Report
Partner: UNT Libraries Government Documents Department

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

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.
Date: June 30, 2014
Creator: McMillion, Barry J.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Recess Appointments Made by President Barack Obama

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
Date: June 11, 2013
Creator: Hogue, Henry B. & Bearden, Maureen
Item Type: Report
Partner: UNT Libraries Government Documents Department

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

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.
Date: September 3, 2010
Creator: Rutkus, Denis S.
Item Type: Report
Partner: UNT Libraries Government Documents Department

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

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.
Date: June 23, 2010
Creator: Rutkus, Denis Steven
Item Type: Report
Partner: UNT Libraries Government Documents Department

Supreme Court Nominations Not Confirmed, 1789-August 2010

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.
Date: August 20, 2010
Creator: Hogue, Henry B.
Item Type: Report
Partner: UNT Libraries Government Documents Department

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

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).
Date: August 6, 2010
Creator: Garrett, R. S. & Rutkus, Denis S.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Attorney General Nominations Since the Reagan Administration

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.
Date: December 4, 2014
Creator: Carey, Maeve P. & Greene, Michael
Item Type: Report
Partner: UNT Libraries Government Documents Department

Presidential Appointee Positions Requiring Senate Confirmation and Committees Handling Nominations

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.
Date: March 18, 2008
Creator: Hogue, Henry B.; Bearden, Maureen & Lisbeth, Terrence L.
Item Type: Report
Partner: UNT Libraries Government Documents Department

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

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.
Date: March 27, 2013
Creator: Garvey, Todd & Carpenter, David H.
Item Type: Report
Partner: UNT Libraries Government Documents Department

The Emoluments Clause: History, Law, and Precedents

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.
Date: January 7, 2009
Creator: Tatelman, Todd B.
Item Type: Report
Partner: UNT Libraries Government Documents Department

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

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.
Date: December 18, 2008
Creator: Hogue, Henry B.; Bearden, Maureen & Palmer, Betsy
Item Type: Report
Partner: UNT Libraries Government Documents Department

Nominations to Cabinet Positions During Inter-Term Transitions Since 1984

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.
Date: July 30, 2014
Creator: Carey, Maeve P.; Greene, Michael & Hogue, Henry B.
Item Type: Report
Partner: UNT Libraries Government Documents Department

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

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.
Date: unknown
Creator: Schwemle, Barbara L.; Garvey, Todd; Chu, Vivian S. & Hogue, Henry B.
Item Type: Report
Partner: UNT Libraries Government Documents Department

A Federal Chief Technology Officer in the Obama Administration: Options and Issues for Consideration

Description: In November 2007, Senator Barack Obama announced his intention, if elected President, to appoint a federal chief technology officer (CTO). On April 18, 2009, President Obama appointed Virginia Secretary of Technology, Aneesh P. Chopra, to serve as "America's Chief Technology Officer." This report presents President Obama's vision for the CTO position put forth during his campaign for the presidency and during the presidential transition. It also discusses the potential scope of duties and authorities of the CTO, articulates organizational precedents and challenges for the CTO, reviews some of the activities undertaken by Aneesh Chopra during his tenure as CTO, and identifies issues Congress may choose to consider if it opts to exert oversight or to develop legislation to create the position and/or office of the CTO.
Date: June 4, 2010
Creator: Sargent, John F., Jr.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Supreme Court Nominations Not Confirmed, 1789-2009

Description: From 1789 through 2009, Presidents submitted 159 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.
Date: May 11, 2010
Creator: Hogue, Henry B.
Item Type: Report
Partner: UNT Libraries Government Documents Department

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

Description: This report provides information on the amount of time taken to act on all Supreme Court nominations occurring between 1900 and 2010. It focuses on the actual amounts of time that Presidents and the Senate have taken to act after learning about vacancies, selections, etc. (as opposed to the elapsed time between official points in the process).
Date: April 21, 2010
Creator: Garrett, R. Sam & Rutkus, Denis Steven
Item Type: Report
Partner: UNT Libraries Government Documents Department