The Great Seal

Since the election ended on Tuesday, there has been a lot of talk about President-elect Obama establishing his cabinet.  The term cabinet refers to the heads, or secretaries, of the fifteen executive departments of our government which form the United States Cabinet.  The departments, from the executive branch of the government, are as follows: Department of State, Department of the Treasury, Department of Defense, Department of Justice, Department of the Interior, Department of Agriculture, Department of Commerce, Department of Labor, Department of Health and Human Services, Department of Housing and Urban Development, Department of Transportation, Department of Energy, Department of Education, Department of Veterans Affairs and Department of Homeland Security.   You might recall that President Bush created the Department of Homeland Security following the events of 9/11.


Each new President has the right to appoint a person of his choosing to head each department, or to become that department’s secretary.  However, each appointment must be approved by the Senate.  In cases where the Senate majority (the party with the majority of its members holding Senate seats) is from the same political party as the President, as President-elect Obama will enjoy, the confirmation of the appointment by the Senate is typically unchallenged.  However, when the Senate majority is from an opposing political party to the President, the appointment is often challenged and not confirmed, forcing the President to appoint someone else until that person is approved by the Senate.  The terms of the department heads are not fixed, and they may be replaced by the President at any time.  When a new President is elected, it is customary for cabinet members to resign, but they remain in office until successors are appointed. 

There are few restrictions governing who the President can choose to head any of the departments, but according to Article One of the United States Constitution no person can hold both a position as head of a department and a seat in either house of Congress.  Furthermore, if a member of either the House of Representatives or the Senate is chosen to head a department that person must resign his or her seat before accepting a Cabinet position.  Likewise, any state governor must resign before accepting a Cabinet position.

Concerning the duties of the members of each department of the Cabinet, Article Two of the Constitution provides that the President can 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.”  In other words, each secretary reports directly to the President on the affairs and current events involving his or her department.  This is usually done in a “Cabinet meeting”, a meeting of all department heads called by the President, in which the members are seated according to the order of precedence, with higher ranking officers sitting closer to the center of the table.  This allows the President and Vice-President to sit directly across from each other at the oval-shaped table.  Then, the Secretary of State and the Secretary of Defense are seated directly to the right and left, respectively, of the President, and the Secretary of Treasury and the Attorney General sit to right and left, respectively, of the Vice President. The seating of meeting attendees continues, alternating according to rank, with Cabinet-rank members who are not heads of departments (The Vice President excluded) sitting at the very ends, farthest away from the President and Vice-President.

There are two other important facts concerning the Cabinet.  First, beginning with the Secretary of State, Cabinet members complete the presidential line of succession, following the unlikely deaths of the President, Vice-President, Speaker of the House and the President Pro Tempore of the Senate.  Second, upon addition of the 25th Amendment to the Constitution, a provision was created allowing that the Vice President and “a majority of the principal officers” of the executive branch departments may inform the Speaker of the House and the Senate President Pro Tempore that, in their judgment, the President is unfit for office. If the President contests this finding, the responsibilty falls upon the Congress to settle the matter.

- Matt M.

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