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Senate Confirmation Process: A Brief Overview (CRS Report for Congress)

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Release Date Revised May 12, 2010
Report Number RS20986
Report Type Report
Authors Lorraine H. Tong, Analyst in American National Government
Source Agency Congressional Research Service
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Summary:

The role of the Senate in the confirmation process is defined in the Constitution. Article II, Section 2 provides that the President 'shall nominate, and by and with the Advice and Consent of the Senate, shall appoint high government officials.' Positions requiring confirmation are specified by statute. Senate Rule XXXI regulates proceedings on nominations in executive sessions ('executive' in this case refers to executive business, not to a closed or secret session). Each Senate committee may adopt its own procedures as long as they do not conflict with Senate rules. For more information on congressional processes, see [http://www.crs.gov/products/guides/guidehome.shtml]. The Senate gives its advice and consent to presidential appointments to the Supreme Court and to high-level positions in the Cabinet departments and independent agencies. The Senate also confirms appointments of members of regulatory commissions, ambassadors, federal judges, U.S. attorneys, and U.S. marshals. There are more than 2,000 of these appointments as well as thousands of routine non-political appointments to and promotions in the military and other civilian positions that require confirmation. Appointees named to be Supreme Court justices and Cabinet secretaries receive the Senate's closest scrutiny due to the significance of these positions. Approximately 99% of all presidential appointments are approved.