The President's Power of Appointment

March 18, 1925

Report Outline
Senate Rejections of Cabinet Appointments
Senate's Assertion of Power Over Removals
President's Power of Recess Appointment

Conflicts between the Executive and the Legislative branch in which rejections of Cabinet Appointments have been a factor.

In each of the five cases in which nominations by the President for places in the Cabinet have been rejected by the Senate in the past, the Senate's action is now seen to have been no more than an incident to a larger contest for domination between the Executive and the Legislative branch. It seems possible, therefore, that the rejection of the nomination of Charles Beecher Warren to be Attorney General, may in the future be regarded, not as a separate contest in itself, but as an incident to a renewal of this larger conflict, ever latent in the American system of government. The historian of the future may view the renewal of this conflict as dating from the opening of the Sixty Eighth Congress, instead of the rejection of the Warren nomination in the special session of the Senate of the Sixty Ninth Congress.

The Senate, in promptly confirming the nomination of John G. Sergent, followed the precedent set in each of the former cases in which a cabinet nomination has been rejected and a new nomination submitted by the President. The President's open renewal, however, of his offer of a recess appointment to Mr. Warren, after his nomination had been rejected a second time, tends in some measure to mitigate the victory signalized by the confirmation of the new nomination submitted by the President after his offer had been declined by Mr. Warren.

ISSUE TRACKER for Related Reports
Executive Powers and the Presidency
Feb. 24, 2006  Presidential Power
Nov. 15, 2002  Presidential Power
Feb. 02, 2001  The Bush Presidency
Jun. 20, 1997  Line-Item Veto
Jun. 14, 1996  First Ladies
Oct. 21, 1988  Dangers in Presidential Transitions
Jun. 10, 1988  The Quandary of Being Vice President
Jan. 06, 1984  Presidential Advisory Commissions
Jul. 28, 1978  Presidential Popularity
Feb. 13, 1976  Evaluating Presidential Performance
Dec. 12, 1975  Presidential Protection
Jul. 11, 1973  Presidential Reorganization
Mar. 07, 1973  Presidential Accountability
Sep. 24, 1971  Presidential Diplomacy
Nov. 11, 1970  Vice Presidency
Oct. 02, 1968  Presidential Power
Mar. 14, 1966  War Powers of the President
Nov. 23, 1960  Transfer of Executive Power
Apr. 04, 1956  Vice Presidency
Oct. 15, 1952  Change of Presidents
Jun. 09, 1950  President and Mid-Term Elections
Oct. 20, 1948  Federal Patronage
Mar. 24, 1948  The South and the Presidency
Dec. 05, 1947  Military Leaders and the Presidency
Apr. 16, 1947  Veto Power of the President
Sep. 20, 1945  Succession to the Presidency
Sep. 12, 1940  The War Powers of the President
Feb. 11, 1938  Emergency Powers of the President
Jan. 06, 1938  The Power to Declare War
Dec. 28, 1937  Extension of the Veto Power
Dec. 28, 1936  Limitation of the President's Tenure
Mar. 12, 1935  The President and the Congress
Dec. 16, 1932  The Veto Power of the President
May 28, 1931  Presidential Commissions
Oct. 23, 1928  Presidential Appointments and the Senate
Mar. 21, 1928  Business Conditions in Presidential Years
Jan. 20, 1927  The Monroe Doctrine
Mar. 18, 1925  The President's Power of Appointment
Sep. 10, 1923  The President's Position on Patronage
Organization of Congress
Powers and History of the Presidency