Cabinet of the United States explained

Cabinet of the United States
Status:Inferred (Opinion Clause)
Purpose:Advisory body to the president of the United States
Leader Title:President of the United States
Leader Name:Joe Biden
Leader Title2:Membership
Leader Name2:25 members, plus the Vice President:
Location:Cabinet Room, White House, Washington, D.C.

The Cabinet of the United States is the principal official advisory body to the president of the United States. The Cabinet generally meets with the president in a room adjacent to the Oval Office in the West Wing of the White House. The president chairs the meetings but is not formally a member of the Cabinet. The vice president of the United States serves in the Cabinet by statute. The heads of departments, appointed by the president and confirmed by the Senate, are members of the Cabinet, and acting department heads also participate in Cabinet meetings whether or not they have been officially nominated for Senate confirmation. The president may designate heads of other agencies and non-Senate-confirmed members of the Executive Office of the President as members of the Cabinet.

The Cabinet does not have any collective executive powers or functions of its own, and no votes need to be taken. There are 26 members: the vice president, 15 department heads, and 10 Cabinet-level officials, all except two of whom require Senate confirmation. During Cabinet meetings, the members sit in the order in which their respective department was created, with the earliest being closest to the president and the newest farthest away.[1]

The members of the Cabinet whom the president appoints serve at the pleasure of the president. The president can dismiss them from office at any time without the approval of the Senate, as affirmed by the Supreme Court of the United States in Myers v. United States (1926) or downgrade their Cabinet membership status (the vice president of the United States is elected not appointed and serves in the Cabinet by statute). Often it is legally possible for a Cabinet member to exercise certain powers over his or her own department against the president's wishes, but in practice this is highly unusual due to the threat of dismissal. The president also has the authority to organize the Cabinet, such as instituting committees. Like all federal public officials, Cabinet members are also subject to impeachment by the House of Representatives and trial in the Senate for "treason, bribery, or other high crimes and misdemeanors".

The Constitution of the United States does not explicitly establish a Cabinet. The Cabinet's role, inferred from the language of the Opinion Clause (ArticleII, Section2, Clause1) of the Constitution is to provide advice to the president. Additionally, the Twenty-fifth Amendment authorizes the vice president, together with a majority of the heads of the executive departments, to declare the president "unable to discharge the powers and duties of his office". The heads of the executive departments are—if eligible—in the presidential line of succession.

History

The tradition of the Cabinet arose out of the debates at the 1787 Constitutional Convention regarding whether the president would exercise executive authority solely or collaboratively with a cabinet of ministers or a privy council. As a result of the debates, the Constitution (ArticleII, Section1, Clause1) vests "the executive power" in the president singly, and authorizes—but does not compel—the president (ArticleII, Section2, Clause1) to "require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices".[2] [3] The Constitution does not specify what the executive departments will be, how many there will be, or what their duties will be.

George Washington, the first president of the United States, organized his principal officers into a Cabinet, and it has been part of the executive branch structure ever since. Washington's Cabinet consisted of five members: himself, Secretary of State Thomas Jefferson, Secretary of the Treasury Alexander Hamilton, Secretary of War Henry Knox and Attorney General Edmund Randolph. Vice President John Adams was not included in Washington's Cabinet because the position was initially regarded as a legislative officer (president of the Senate).[4] Furthermore, until there was a vacancy in the presidency (which did not occur until the death of William Henry Harrison in 1841) it was not certain that a vice president would be allowed to serve as president for the duration of the original term as opposed to merely acting as president until new elections could be held. It was not until the 20th century that vice presidents were regularly included as members of the Cabinet and came to be regarded primarily as a member of the executive branch.

Presidents have used Cabinet meetings of selected principal officers but to widely differing extents and for different purposes. During President Abraham Lincoln's administration, Secretary of State William H. Seward advocated the use of a parliamentary-style Cabinet government. However, Lincoln rebuffed Seward. While a professor Woodrow Wilson also advocated a parliamentary-style Cabinet, after becoming president he did not implement it in his administration. In recent administrations, Cabinets have grown to include key White House staff in addition to department and various agency heads. President Ronald Reagan formed seven sub-cabinet councils to review many policy issues, and subsequent presidents have followed that practice.[3]

Federal law

In with regard to delegation of authority by the president, it is provided that "nothing herein shall be deemed to require express authorization in any case in which such an official would be presumed in law to have acted by authority or direction of the president." This pertains directly to the heads of the executive departments as each of their offices is created and specified by statutory law (hence the presumption) and thus gives them the authority to act for the president within their areas of responsibility without any specific delegation.

Under (also known as the 1967 Federal Anti-Nepotism statute), federal officials are prohibited from appointing their immediate family members to certain governmental positions, including those in the Cabinet.[5]

Under the Federal Vacancies Reform Act of 1998, an administration may appoint acting heads of department from employees of the relevant department. These may be existing high-level career employees, from political appointees of the outgoing administration (for new administrations), or sometimes lower-level appointees of the administration.[6]

Confirmation process

The heads of the executive departments and all other federal agency heads are nominated by the president and then presented to the Senate for confirmation or rejection by a simple majority (although before the use of the "nuclear option" during the 113th United States Congress, they could have been blocked by filibuster, requiring cloture to be invoked by supermajority to further consideration). If approved, they receive their commission scroll, are sworn in, and begin their duties. When the Senate is not in session, the president can appoint acting heads of the executive departments, and do so at the beginning of their term.

An elected vice president does not require Senate confirmation, nor does the White House Chief of Staff, which is an appointed staff position of the Executive Office of the President.

OfficeSenate confirmation review committee
Secretary of StateForeign Relations Committee
Secretary of the TreasuryFinance Committee
Secretary of DefenseArmed Services Committee
Attorney GeneralJudiciary Committee
Secretary of the InteriorEnergy and Natural Resources Committee
Secretary of AgricultureAgriculture, Nutrition, and Forestry Committee
Secretary of CommerceCommerce, Science, and Transportation Committee
Secretary of LaborHealth, Education, Labor, and Pensions Committee
Secretary of Health and Human ServicesFinance Committee (official)
Health, Education, Labor, and Pensions Committee (consult)
Secretary of Housing and Urban DevelopmentBanking, Housing, and Urban Affairs Committee
Secretary of TransportationCommerce, Science, and Transportation Committee
Secretary of EnergyEnergy and Natural Resources Committee
Secretary of EducationHealth, Education, Labor, and Pensions Committee
Secretary of Veterans AffairsVeterans Affairs Committee
Secretary of Homeland SecurityHomeland Security and Governmental Affairs Committee
Trade RepresentativeFinance Committee
Director of National IntelligenceSelect Committee on Intelligence
Director of the Office of Management and BudgetBudget Committee
Homeland Security and Governmental Affairs Committee
Director of the Office of Science and Technology PolicyCommerce, Science, and Transportation Committee
Administrator of the Environmental Protection AgencyEnvironment and Public Works Committee
Administrator of the Small Business AdministrationSmall Business and Entrepreneurship Committee

Salary

See main article: Executive Schedule. The heads of the executive departments and most other senior federal officers at cabinet or sub-cabinet level receive their salary under a fixed five-level pay plan known as the Executive Schedule, which is codified in Title 5 of the United States Code. Twenty-one positions, including the heads of the executive departments and others, receiving LevelI pay are listed in, and those forty-six positions on LevelII pay (including the number two positions of the executive departments) are listed in ., the LevelI annual pay was set at $235,600.

The annual salary of the vice president is $235,300.[7] The salary level was set by the Government Salary Reform Act of 1989, which provides an automatic cost of living adjustment for federal employees. The vice president receives the same pension as other members of Congress as the president of the Senate.[8]

Current Cabinet and Cabinet-rank officials

See also: Cabinet of Joe Biden. The individuals listed below were nominated by President Joe Biden to form his Cabinet and were confirmed by the United States Senate on the date noted or are serving as acting department heads by his request, pending the confirmation of his nominees.

Vice president and the heads of the executive departments

See also: United States federal executive departments. The Cabinet permanently includes the vice president and the heads of 15 executive departments, listed here according to their order of succession to the presidency. The speaker of the House and the president pro tempore of the Senate follow the vice president and precede the secretary of state in the order of succession, but both are in the legislative branch and are not part of the Cabinet.

Cabinet-level officials

The president may designate additional positions to be members of the Cabinet, which can vary under each president. They are not in the line of succession and are not necessarily officers of the United States.[9]

Former executive and Cabinet-level departments

Renamed heads of the executive departments

Positions intermittently elevated to Cabinet-rank

Proposed Cabinet departments

See also

Further reading

External links

Notes and References

  1. Web site: Cabinet Room—White House Museum. 2021-03-17. www.whitehousemuseum.org.
  2. Web site: Prakash. Sai. Essays on Article II:Executive Vesting Clause. The Heritage Guide to The Constitution. The Heritage Foundation. July 3, 2018. https://web.archive.org/web/20180701142803/https://www.heritage.org/constitution/#!/articles/2/essays/76/executive-vesting-clause. July 1, 2018. live. mdy-all.
  3. Web site: Gaziano. Todd. Essays on Article II: Opinion Clause. The Heritage Guide to The Constitution. The Heritage Foundation. July 3, 2018. https://web.archive.org/web/20180701142803/https://www.heritage.org/constitution/#!/articles/2/essays/88/opinion-clause. July 1, 2018. live. mdy-all.
  4. Web site: John Adams · George Washington's Mount Vernon . May 17, 2018 . https://web.archive.org/web/20180517153631/http://www.mountvernon.org/library/digitalhistory/digital-encyclopedia/article/john-adams/ . May 17, 2018 . live . mdy-all .
  5. Congressional Interference With The President's Power To Appoint. Richard P.. Wulwick. Frank J.. Macchiarola. Stetson Law Review. XXIV. 1995. 625–652. November 15, 2016. https://web.archive.org/web/20161116101457/http://www.stetson.edu/law/lawreview/media/congressional-interference-with-the-presidents-power-to-appoint-24-3.pdf. November 16, 2016. live. mdy-all.
  6. News: Who Runs Departments Before Heads Are Confirmed?. Pierce. Olga. 2009-01-22. ProPublica. en. 2017-01-20. https://web.archive.org/web/20170202000058/https://www.propublica.org/article/who-runs-departments-before-heads-are-confirmed-090122. February 2, 2017. live. mdy-all.
  7. Web site: Obama . Barack . Adjustments of Certain Rates of Pay . Executive Order 13686 . The White House . 2014-12-19 . 2015-09-18 . https://web.archive.org/web/20170201181710/https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/pay-executive-order-2015-adjustments-of-certain-rates-of-pay.pdf . February 1, 2017 . live . mdy-all.
  8. Web site: Purcell . Patrick J. . Retirement Benefits for Members of Congress . CRS Report for Congress . . 2005-01-21 . 2017-02-19 . https://web.archive.org/web/20180103064138/https://www.senate.gov/reference/resources/pdf/RL30631.pdf . January 3, 2018 . live . mdy-all.
  9. Web site: The Cabinet . February 6, 2021 . The White House.
  10. The office of Secretary of Foreign Affairs existed under the Articles of Confederation from October 20, 1781, to March 3, 1789, the day before the Constitution came into force.
  11. News: Clayton Yeutter's Obituary. The Washington Post. https://web.archive.org/web/20181231194056/https://www.legacy.com/obituaries/washingtonpost/obituary.aspx?n=clayton-yeutter&pid=184350162. December 31, 2018. live. mdy-all.
  12. Book: Tenet, George . George Tenet . At the Center of the Storm . HarperCollins . London . 2007 . 978-0-06-114778-4 . 136 . Under President Clinton, I was a Cabinet member—a legacy of John Deutch's requirement when he took the job as DCI—but my contacts with the president, while always interesting, were sporadic. I could see him as often as I wanted but was not on a regular schedule. Under President Bush, the DCI lost its Cabinet-level status. . registration .
  13. Schoenfeld, Gabriel . The CIA Follies (Cont'd.) . Commentary . July–August 2007 . May 22, 2009 . Though he was to lose the Cabinet rank he had enjoyed under Clinton, he came to enjoy "extraordinary access" to the new President, who made it plain that he wanted to be briefed every day. .
  14. News: Sciolino, Elaine . C.I.A. Chief Charts His Own Course . New York Times . September 29, 1996 . May 22, 2009 . It is no secret that Mr. Deutch initially turned down the intelligence position, and was rewarded for taking it by getting Cabinet rank. . https://web.archive.org/web/20130530062105/http://www.nytimes.com/1996/09/29/us/cia-chief-charts-his-own-course.html . May 30, 2013 . live . mdy-all.
  15. Web site: Clinton, Bill . Remarks by the President and Lee Brown, Director of Office of National Drug Control Policy . White House . July 1, 1993 . May 22, 2009 . We are here today to install a uniquely qualified person to lead our nation's effort in the fight against illegal drugs and what they do to our children, to our streets, and to our communities. And to do it for the first time from a position sitting in the President's Cabinet. . https://web.archive.org/web/20110721050309/http://clinton6.nara.gov/1993/07/1993-07-01-presidents-remarks-at-swearing-in-of-lee-brown.html . July 21, 2011 . dead . mdy-all.
  16. News: Cook, Dave . New drug czar gets lower rank, promise of higher visibility . Christian Science Monitor . March 11, 2009 . March 16, 2009 . For one thing, in the Obama administration the Drug Czar will not have Cabinet status, as the job did during George W. Bush's administration. . https://web.archive.org/web/20090315040317/http://features.csmonitor.com/politics/2009/03/11/new-drug-czar-gets-lower-rank-promise-of-higher-visibility/ . March 15, 2009 . live.
  17. President Clinton Raises FEMA Director to Cabinet Status . Federal Emergency Management Agency . February 26, 1996 . May 22, 2009 . dead . https://web.archive.org/web/19970116185236/http://www.fema.gov/home/NWZ96/cabinet.htm . January 16, 1997 .
  18. Web site: Fowler, Daniel . Emergency Managers Make It Official: They Want FEMA Out of DHS . CQ Politics . November 19, 2008 . March 3, 2010 . dead . https://web.archive.org/web/20081129170848/http://www.cqpolitics.com/wmspage.cfm?docID=hsnews-000002988269&cpage=1 . November 29, 2008 . During the Clinton administration, FEMA Administrator James Lee Witt met with the Cabinet. His successor in the Bush administration, Joe M. Allbaugh, did not. . mdy-all. (Archived March 3, 2010, by WebCite at
  19. News: A Department of Commerce. The New York Times. 1881-05-13.
  20. Book: Improving Management and Organization in Federal Natural Resources and Environmental Functions: Hearing Before the Committee on Governmental Affairs, U. S. Senate. April 1, 1998. Diane Publishing. February 20, 2017. Google Books. Chairman Stevens. Thank you very much. I think both of you are really pointing in the same direction as this Committee. I do hope we can keep it on a bipartisan basis. Mr. Dean, when I was at the Interior Department, I drafted Eisenhower's Department of Natural Resources proposal, and we have had a series of them that have been presented.. https://web.archive.org/web/20190114195305/https://books.google.com/books?id=gFiOK24ZASgC&pg=PA159&lpg=PA159&dq=Eisenhower%20proposes%20Department%20of%20Natural%20Resources#v=onepage&q=Eisenhower%20proposes%20Department%20of%20Natural%20Resources. January 14, 2019. live. 9780788148743.
  21. Web site: 116—Special Message to the Congress on Executive Branch Reorganization. The University of California, Santa Barbara—The American Presidency Project. The administration is today transmitting to the Congress four bills which, if enacted, would replace seven of the present executive departments and several other agencies with four new departments: the Department of Natural Resources, the Department of Community Development, the Department of Human Resources and the Department of Economic Affairs.. February 13, 2017. https://web.archive.org/web/20170214101500/http://www.presidency.ucsb.edu/ws/?pid=2951. February 14, 2017. live.
  22. Web site: Republican Party Platform of 1976. August 18, 1976. The University of California, Santa Barbara—The American Presidency Project. March 13, 2015. https://web.archive.org/web/20150402094440/http://www.presidency.ucsb.edu/ws/?pid=25843. April 2, 2015. live.
  23. Web site: Thrush, Glenn. Locked in the Cabinet. Politico. November 8, 2013. November 18, 2013. https://web.archive.org/web/20131117102623/http://www.politico.com/magazine/story/2013/11/locked-in-the-cabinet-99374_Page3.html. November 17, 2013. live. mdy-all.
  24. Book: Rush, Benjamin, M.D.. Essays, Literary, Moral and Philosophical.. benjamin rush peace plan office.. A plan of a Peace-Office for the United States. 1806. 2nd. 183–188. Thomas and William Bradford, Philadelphia. 2010-06-03.
  25. Book: Schuman, Frederick L. . Why a Department of Peace . Another Mother for Peace . 1969 . Beverly Hills . 56 . 339785 . mdy-all .
  26. Web site: History of Legislation to Create a Dept. of Peace. https://web.archive.org/web/20060720174929/http://www.thepeacealliance.org/content/view/54/130/. dead. 2006-07-20.
  27. Web site: 10—Summary of the Report of the Committee on Administrative Management. The University of California, Santa Barbara—The American Presidency Project. Overhaul the more than 100 separate departments, boards, commissions, administrations, authorities, corporations, committees, agencies and activities which are now parts of the Executive Branch, and theoretically under the President, and consolidate them within twelve regular departments, which would include the existing ten departments and two new departments, a Department of Social Welfare, and a Department of Public Works. Change the name of the Department of Interior to Department of Conservation.. February 13, 2017. https://web.archive.org/web/20170213164512/http://www.presidency.ucsb.edu/ws/?pid=15342. February 13, 2017. live.
  28. Web site: 23—Special Message to the Congress Transmitting Reorganization Plan 1 of 1962. The University of California, Santa Barbara—The American Presidency Project. February 13, 2017. https://web.archive.org/web/20170214002721/http://www.presidency.ucsb.edu/ws/?pid=8699. February 14, 2017. live.
  29. Web site: 121–Special Message to the Congress: The Quality of American Government. The University of California, Santa Barbara—The American Presidency Project. In my State of the Union Address, and later in my Budget and Economic Messages to the Congress, I proposed the creation of a new Department of Business and Labor.. February 13, 2017. https://web.archive.org/web/20170214002341/http://www.presidency.ucsb.edu/ws/?pid=28141. February 14, 2017. live.
  30. Web site: 33—Special Message to the Congress on Rural Development. The University of California, Santa Barbara—The American Presidency Project. February 13, 2017. https://web.archive.org/web/20170214002722/http://www.presidency.ucsb.edu/ws/?pid=3608. February 14, 2017. live.
  31. Web site: 116—Special Message to the Congress on Executive Branch Reorganization. The University of California, Santa Barbara—The American Presidency Project. The new Department of Economic Affairs would include many of the offices that are now within the Departments of Commerce, Labor and Agriculture. A large part of the Department of Transportation would also be relocated here, including the United States Coast Guard, the Federal Railroad Administration, the St. Lawrence Seaway Development Corporation, the National Transportation Safety Board, the Transportation Systems Center, the Federal Aviation Administration, the Motor Carrier Safety Bureau and most of the National Highway Traffic Safety Administration. The Small Business Administration, the Science Information Exchange program from the Smithsonian Institution, the National Institute for Occupational Health and Safety from the Department of Health, Education, and Welfare and the Office of Technology Utilization from the National Aeronautics and Space Administration would also be included in the new Department.. February 13, 2017. https://web.archive.org/web/20170214101500/http://www.presidency.ucsb.edu/ws/?pid=2951. February 14, 2017. live.
  32. Web site: Public Notes on 02-RMSP3. February 20, 2017. https://web.archive.org/web/20170613094946/http://www.ontheissues.org/Notebook/Note_02-RMSP3.htm. June 13, 2017. live. mdy-all.
  33. Web site: A Conversation with Michael McConnell. Council on Foreign Relations (Federal News Service, rush transcript). June 29, 2007. https://web.archive.org/web/20130117042421/http://www.cfr.org/intelligence/conversation-michael-mcconnell-rush-transcript-federal-news-service/p13703. dead. January 17, 2013. January 9, 2013.
  34. Web site: Time for a Cabinet-Level U.S. Department of Global Development. The Center for Global Development. February 15, 2017. https://web.archive.org/web/20190114195305/https://www.cgdev.org/article/time-cabinet-level-us-department-global-development. January 14, 2019. live.
  35. Clarke, John Jr.. Quincy Jones Lobbies Obama for Secretary of Culture Post. Rolling Stone. January 16, 2009. https://archive.today/20120908204104/http://www.rollingstone.com/music/news/15765/90864. dead. September 8, 2012. August 19, 2010.
  36. News: President Obama Announces proposal to reform, reorganize and consolidate Government. February 8, 2017. https://web.archive.org/web/20170211080315/https://obamawhitehouse.archives.gov/the-press-office/2012/01/13/president-obama-announces-proposal-reform-reorganize-and-consolidate-gov. February 11, 2017. live. National Archives. whitehouse.gov. mdy-all.
  37. News: Obama Suggests 'Secretary of Business' in a 2nd Term—Washington Wire—WSJ. The Wall Street Journal. August 4, 2017. https://web.archive.org/web/20170301053228/http://blogs.wsj.com/washwire/2012/10/29/obama-suggests-secretary-of-business-in-a-second-term/. March 1, 2017. live. mdy-all.
  38. News: White House Proposes Merging Education And Labor Departments. NPR.org. 2018-06-22. en. https://web.archive.org/web/20180621234348/https://www.npr.org/sections/ed/2018/06/21/622189097/white-house-proposes-merging-education-and-labor-departments. June 21, 2018. live. mdy-all.
  39. Web site: Delivering Government Solutions in the 21st Century Reform Plan and Reorganization Recommendations. 2018. whitehouse.gov. https://web.archive.org/web/20190412132813/https://www.whitehouse.gov/wp-content/uploads/2018/06/Government-Reform-and-Reorg-Plan.pdf. April 12, 2019. live.
  40. Web site: A Plan For Economic Patriotism. Warren. Team. 2019-06-04. Medium. en. 2019-07-30. https://web.archive.org/web/20190731023456/https://medium.com/@teamwarren/a-plan-for-economic-patriotism-13b879f4cfc7. July 31, 2019. live.
  41. Web site: Regulate AI and other Emerging Technologies. Andrew Yang for President. en-US. 2019-08-21. https://web.archive.org/web/20190820174006/https://www.yang2020.com/policies/regulating-ai-emerging-technologies/. August 20, 2019. live.
  42. Web site: Garber. Megan. 2013-07-01. Should the U.S. Have a Secretary of Culture?. 2021-01-22. The Atlantic. en-US.
  43. Web site: 2020-11-16. Hey Joe—appoint a culture secretary. 2021-01-22. theweek.com. en.
  44. Stephen Labaton (July 25, 2002). "S.E.C. Chief Draws Ridicule In Quest for Higher Status," The New York Times.
  45. News: Top Democrats and White House Battle Over S.E.C. Chairman. Stephen. Labaton. October 9, 2002. The New York Times.
  46. Stephen Labaton (November 6, 2002). "S.E.C.'s Embattled Chief Resigns In Wake of Latest Political Storm," The New York Times.
  47. https://www.chron.com/opinion/editorials/article/SEC-Harvey-Chairman-Pitt-shows-a-tin-ear-2099758.php "SEC Chairman Harvey Pitt shows a tin ear,"
  48. Web site: Lawmakers blast Pitt's pay request. July 25, 2002. Chron.