The results of the US presidential election have clearly accepted Donald Trump as the next head of the country. Joe Biden is now preparing for his departure, while the US administration is busy preparing for the formation of a new government, in which Trump’s swearing-in is only a small part.
The important part is the process of selection and appointment of ministers according to the new president. While in India it is necessary for ministers to be MPs, in America all ministers are of the President’s choice (suggested), but their approval is necessary from the Senate, this is a proper process which can stop the President from making arbitrary appointments, can control him, but will this really happen in the case of Donald Trump? Let us understand this completely.
Cabinet appointments
are called secretaries in America and the names of their departments are also different from the common names. For example, the foreign minister is called the Secretary of State and the finance minister is called the Secretary of Treasurer. Such important appointments are called cabinet appointments. These appointments also include the heads of the country’s major agencies such as the CIA and the FBI, who do not have the level of a minister. The Senate usually agrees to the names suggested by the President, but if it wants, it can also reject a controversial name. Therefore, it becomes important for the President’s party to have a majority in the Senate.
What is the provision in the Constitution ?
In a country like India, it is necessary for a minister to be an MP, in America there is no such condition to become a minister. Article 2 of the American Constitution clearly states that the President, despite being the executive, appoints some posts mentioned in the Constitution and other posts established by law with the “advice and consent” of the senators. If the Senate is on vacation, the President can make temporary appointments.
So many positions require Senate approval
So many! The Partnership for Public Service tracks about 1,200 positions, most of them well below Cabinet level, that require Senate approval. However, the president probably has no personal role in most of them. They are handled by his staff or the newly confirmed heads of agencies.
When does this process begin?
The elected President nominates his chosen people for key officials immediately after winning the election. As a rule, this process begins even before the election. But after the results of the election, when the names are formally clear, the Senate first begins hearing on the approval or consent of the appointments.
Committee hearings
are “held in the committee that has jurisdiction over the department to which the nominee has been nominated. At these hearings, which can last for hours, committee members are given the opportunity to ask the nominee questions, often about their background and policy positions.
Scrutiny and voting
The nominated person also has to disclose his income, property etc., as the Lok Sabha or Rajya Sabha candidates of India inform the Election Commission while contesting elections. If necessary, the committee can also scrutinize all the information given. After this, voting takes place in the committee, after which voting takes place in the entire Senate.
Can an appointment be made without Senate approval ?
Generally, rejection of a name is a very rare exception in the entire approval process, because the possibility of rejection of a name is known in advance and preparations are usually made in advance to prevent the name from being rejected. But sometimes some names become risky. In such a situation, the discussion of Senate approval gains momentum. This is also happening this time because before his second term, Trump has indicated his desire to bypass the Senate confirmation process by using recess appointments.
Recess appointments are those appointments which are made without the consent of the Senate because the consent process gets delayed due to the Senate not being in session and this gives the person a chance to remain in the post for some time. Since all this happens during the recess of the Senate, that is why it is called recess appointments. But this arrangement is also temporary. In such a situation, it remains to be seen how much Trump is able to use it.
