Those who are in America’s top positions of power should be chosen for their experience and ability, not for their loyalty to a particular party or president.
The Senate confirmation process serves as an important check on the president’s power and is a crucial vehicle for transparency and accountability.
The confirmation process is intended to ensure that the individuals selected by the president for key positions — such as Cabinet members, judges and other high-ranking executive branch officials — are not only vetted and qualified for their jobs but also fit to serve in a position of public trust.
Political appointees are public officials nominated by the president to help execute their goals. These appointees take an oath to serve the American people’s interests — not just the president’s agenda or partisan needs.
Article II of the Constitution requires that the president obtain “the Advice and Consent” of the Senate when appointing all principal officers, including members of the Cabinet.
Today, this means that nominees go through a vetting process with the Office of Government Ethics to identify and resolve potential conflicts of interest, and with the FBI to determine whether they are trustworthy and eligible for the position.
The Senate reviews this information as part of their own background vetting before the nominee testifies in front of the Senate and the American people.
Those who are nominated to these roles will make policy decisions that impact people’s everyday lives. Confirmation hearings give the Senate, who will make the final decision on whether to allow the nominee to take office, as well as the public an opportunity to learn who could be holding these important positions and what their objectives and priorities are.
During this time, senators work to ensure that nominees are selected based on their qualifications — not blind loyalty — and have the necessary experience and integrity to assume leadership.
This includes an examination of any potential conflicts of interest or ethical concerns that may negatively impact the nominee’s ability to do the job.
Confirmation hearings are held in the relevant committee of the Senate, selected based on the office where the nominee will serve. For example, a hearing for a nominee for Secretary of Defense will be held in the Senate Armed Services Committee.
In committee, senators ask the nominee questions about their experience, policy views and how they plan to fulfill their duties. Beyond earning the trust of lawmakers, appointees also must earn the trust of the people they will govern.
Extensive vetting and testimony can reveal important facts on appointees that senators and the public can consider and respond to.
A typical hearing begins with the nominee testifying before the committee. From there, the nominee will answer questions from senators. Senators will also question outside witnesses who are invited to speak both for and against a nominee.
After the hearings, the relevant committee votes on whether to recommend the nominee to the full Senate. The committee can give a favorable recommendation, an unfavorable recommendation or no recommendation at all.
If the committee decides to move forward, the nomination is sent to the entire Senate for consideration. This cannot take place until after the president-elect is sworn in.
In the full Senate, there is a period of debate where senators discuss the nominee's qualifications and any concerns they might have. This debate can be extensive, but it can be ended if a majority of senators vote to invoke what is known as “cloture,” which limits further discussion.
Once the debate is closed, the Senate holds a final vote on the nominee.
To be confirmed, the nominee must receive a majority of the votes in the Senate (51, if the full Senate votes, or 50 if the vice president breaks the tie in favor of the nominee).
If the nominee is confirmed, they can officially assume their new role. If not, the president must select a new nominee and the process starts over.
Senate confirmation is much more than a formality — it serves as a critical check on the president’s power.
Campaign Legal Center will closely monitor nominations and confirmations as we do for all administrations and, with your support, continue to hold those in positions of power accountable.
For the most up-to-date information on President-elect Trump’s political nominees, visit our action page.