What is the President's power of appointment?

The President's power of appointment allows the President to nominate federal judges, ambassadors, Cabinet members, and other senior officials. Article II, Section 2 of the Constitution sets out this power and provides that for the most senior positions, presidential nominations must be confirmed by the Senate, generally requiring a simple majority vote.

The President's appointments shape the federal government far beyond a single term. Federal judges, including Supreme Court justices, serve for life during good behavior, meaning a president's judicial choices can influence American law for decades after the president leaves office. Cabinet members, ambassadors, and senior agency officials direct the day-to-day operations of the federal government and set policy in their areas.

Major appointments requiring Senate confirmation include the nine Supreme Court justices (each appointment is for life), federal court of appeals judges (179 active judgeships), federal district court judges (677 active judgeships), Cabinet secretaries (15 departments), sub-Cabinet officials such as deputy secretaries and assistant secretaries, ambassadors to foreign countries, U.S. Attorneys (94 districts), federal marshals, and the leaders of independent agencies such as the Federal Reserve, the Securities and Exchange Commission, and the Federal Trade Commission. The Constitution also allows Congress to vest the appointment of inferior officers in the President alone, in courts, or in heads of departments. This means thousands of lower-level executive positions can be filled without Senate confirmation.

The Senate confirmation process can be straightforward or contentious depending on the position and political climate. Routine appointments often pass with little debate. Controversial nominees, particularly Supreme Court justices, can face extensive hearings, party-line votes, and sometimes rejection. Notable failed Supreme Court nominations include Robert Bork in 1987 and Merrick Garland, who was nominated by President Obama in 2016 but never received a Senate hearing.

The President can also make recess appointments under Article II, Section 2, allowing temporary appointments while the Senate is not in session. The Supreme Court limited this power in NLRB v. Noel Canning (2014), ruling that the Senate must be in recess for at least ten days for a recess appointment to be valid.