Cabinet of the United States

Cabinet of the United States

Current: Cabinet of Donald Trump
Great Seal of the United States
A meeting of the Trump cabinet (2017)
Cabinet overview
Formed	March 4, 1789 (231 years ago) (1789-03-04)
Type	Advisory body
Headquarters	Cabinet Room, White House, Washington, D.C.
Employees	23 members: 1 Vice president 15 Principal officers 7 Other members
Cabinet executives	Donald Trump, president of the United States (chairman) Mike Pence, vice president of the United States
Key document	Opinion Clause (inferred)
Website	www.whitehouse.gov

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The Cabinet of the United States is part of the executive branch of the federal government of the United States. The members of the Cabinet are the vice president and the Secretary of State and other heads of the federal executive departments, all of whom — if eligible — are in the presidential line of succession.

The United States Constitution does not explicitly establish a Cabinet. The Cabinet's role, inferred from the language of the Opinion Clause (Article II, Section 2, Clause 1) of the Constitution, is to serve as an advisory body to the president of the United States. Additionally, the Twenty-fifth Amendment authorizes the vice president, together with a majority of certain members of the Cabinet, to declare the president "unable to discharge the powers and duties of his office".

Members of the Cabinet (except for the vice president) are appointed by the President, subject to confirmation by the Senate; once confirmed, they serve at the pleasure of the president, who can dismiss them at any time without the approval of the Senate, as affirmed by the Supreme Court in Myers v. United States (1926). All federal public officials, including 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" (Article II, Section 4).

The president can also unilaterally designate senior advisers from the Executive Office of the President and heads of other federal agencies as members of the Cabinet, although this is a symbolic status marker and does not, apart from attending Cabinet meetings, confer any additional powers.

History

James K. Polk and his Cabinet in 1846: the first Cabinet to be photographed.

The Nixon Cabinet, 1969

The first Obama Cabinet (September 2009).

A map showing the historical makeup of the Cabinet of the United States by year.

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 (Article II, Section 1, Clause 1) vests "all executive power" in the president singly, and authorizes—but does not compel—the president (Article II, Section 2, Clause 1) 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". ^{[1] [2]} The Constitution does not specify what the executive departments will be, how many there will be, or what their duties should be on.

George Washington, the first U.S. president, 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). ^[3] 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. Secretary of State William H. Seward and then-professor Woodrow Wilson advocated the use of a parliamentary-style Cabinet government. But President Abraham Lincoln rebuffed Seward, and Woodrow Wilson would have none of 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 subcabinet councils to review many policy issues, and subsequent Presidents have followed that practice. ^[2]

Federal law

In 3 U.S.C.   § 302 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 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. ^[4]

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. ^[5]

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 US Congress, they could have been blocked by filibuster, requiring cloture to be invoked by ​³⁄₅ supermajority to further consideration). If approved, they receive their commission scroll, are sworn in and then begin their duties.

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.

Office	Senate Confirmation Review Committee
Secretary of State	Foreign Relations Committee
Secretary of the Treasury	Finance Committee
Secretary of Defense	Armed Services Committee
Attorney General	Judiciary Committee
Secretary of the Interior	Energy and Natural Resources Committee
Secretary of Agriculture	Agriculture, Nutrition, and Forestry Committee
Secretary of Commerce	Commerce, Science, and Transportation Committee
Secretary of Labor	Health, Education, Labor, and Pensions Committee
Secretary of Health and Human Services	Health, Education, Labor, and Pensions Committee (consult) Finance Committee (official)
Secretary of Housing and Urban Development	Banking, Housing, and Urban Affairs Committee
Secretary of Transportation	Commerce, Science, and Transportation Committee
Secretary of Energy	Energy and Natural Resources Committee
Secretary of Education	Health, Education, Labor, and Pensions Committee
Secretary of Veterans Affairs	Veterans Affairs Committee
Secretary of Homeland Security	Homeland Security and Governmental Affairs Committee
Trade Representative	Finance Committee
Director of National Intelligence	Select Committee on Intelligence
Office of Management and Budget	Budget Committee Homeland Security and Governmental Affairs Committee
Director of the Central Intelligence Agency	Select Committee on Intelligence
Administrator of the Environmental Protection Agency	Environment and Public Works Committee
Administrator of the Small Business Administration	Small Business and Entrepreneurship Committee

Salary

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 Level I pay are listed in 5 U.S.C.   § 5312, and those forty-six positions on Level II pay (including the number two positions of the executive departments) are listed in 5 U.S.C.   § 5313. As of January 2016 ^[update] , the Level I annual pay was set at $205,700. ^[6]

The annual salary of the vice president is $235,300. ^[6] 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 based on his ex officio position as the president of the Senate. ^[7]

Current Cabinet and Cabinet-rank officials

See also: Cabinet of Donald Trump

The individuals listed below were nominated by President Donald Trump 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. For a full list of people nominated for Cabinet positions, see Formation of Donald Trump's Cabinet.

Vice President and the heads of the executive departments

See also: United States federal executive departments

The Cabinet includes the vice president and the heads of 15 executive departments, listed here according to their order of succession to the presidency. These 15 positions are the core "cabinet member" seats, as distinct from other Cabinet-level seats for other various top level White House staffers and heads of other government agencies, none of whom are in the presidential line of succession and not all of whom are Officers of the United States. ^[8] Note that 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

Office (Constituting instrument)	Incumbent	Took office
Vice President (Constitution, Art. II, Sec. I)	Mike Pence	January 20, 2017
Secretary of State (22 U.S.C.   § 2651a)	Mike Pompeo	April 26, 2018
Secretary of the Treasury (31 U.S.C.   § 301)	Steven Mnuchin	February 13, 2017
Secretary of Defense (10 U.S.C.   § 113)	Mark Esper	July 23, 2019
Attorney General (28 U.S.C.   § 503)	William Barr	February 14, 2019
Secretary of the Interior (43 U.S.C.   § 1451)	David Bernhardt	January 2, 2019 [n 1]
Secretary of Agriculture (7 U.S.C.   § 2202)	Sonny Perdue	April 25, 2017
Secretary of Commerce (15 U.S.C.   § 1501)	Wilbur Ross	February 28, 2017
Secretary of Labor (29 U.S.C.   § 551)	Eugene Scalia	September 30, 2019
Secretary of Health and Human Services (Reorganization Plan No. 1 of 1953, 67  Stat.   631 and 42 U.S.C.   § 3501)	Alex Azar	January 29, 2018
Secretary of Housing and Urban Development (42 U.S.C.   § 3532)	Ben Carson	March 2, 2017
Secretary of Transportation (49 U.S.C.   § 102)	Elaine Chao	January 31, 2017
Secretary of Energy (42 U.S.C.   § 7131)	Dan Brouillette	December 2, 2019
Secretary of Education (20 U.S.C.   § 3411)	Betsy DeVos	February 7, 2017
Secretary of Veterans Affairs (38 U.S.C.   § 303)	Robert Wilkie	July 30, 2018
Secretary of Homeland Security (6 U.S.C.   § 112)	Chad Wolf	November 13, 2019 Acting

Cabinet-level officials

The following officials hold positions that are considered to be Cabinet-level positions:

Cabinet-level Officials

Office	Incumbent	Term began
Assistant to the President and White House Chief of Staff (Pub.L.   76–19, 53  Stat.   561, enacted April 3, 1939, Executive Order 8248, Executive Order 10452, Executive Order 12608)	Mick Mulvaney	January 2, 2019 Acting
Trade Representative (19 U.S.C.   § 2171)	Robert Lighthizer	May 15, 2017
Director of National Intelligence [9] [10] (50 U.S.C.   § 3023)	Richard Grenell	February 20, 2020 Acting
Director of the Office of Management and Budget (31 U.S.C.   § 502, Executive Order 11541, Executive Order 11609, Executive Order 11717)	Mick Mulvaney	February 16, 2017
Director of the Central Intelligence Agency [9] (50 U.S.C.   § 3036)	Gina Haspel	April 26, 2018 [n 2]
Administrator of the Environmental Protection Agency (5 U.S.C.   § 906, Executive Order 11735)	Andrew Wheeler	July 9, 2018 [n 3]
Administrator of the Small Business Administration (15 U.S.C.   § 633)	Jovita Carranza	January 16, 2020

1. Bernhardt served as Acting Secretary from January 2, 2019 until April 11, 2019.
2. Haspel served as Acting Director from April 26, 2018 until May 21, 2018.
3. Wheeler served as Acting Administrator from July 9, 2018 until February 28, 2019.

Former executive and Cabinet-level departments

• Department of War (1789–1947), headed by the secretary of war: renamed Department of the Army by the National Security Act of 1947.
• Department of the Navy (1798–1949), headed by the secretary of the Navy: became a military department within the Department of Defense.
• Post Office Department (1829–1971), headed by the postmaster general: reorganized as the United States Postal Service, an independent agency.
• National Military Establishment (1947–1949), headed by the secretary of Defense: created by the National Security Act of 1947 and recreated as the Department of Defense in 1949.
• Department of the Army (1947–1949), headed by the secretary of the Army: became a military department within the Department of Defense.
• Department of the Air Force (1947–1949), headed by the secretary of the Air Force: became a military department within the Department of Defense.

Renamed heads of the executive departments

• Secretary of Foreign Affairs: created in July 1781 and renamed Secretary of State in September 1789. ^[11]
• Secretary of War: created in 1789 and was renamed as Secretary of the Army by the National Security Act of 1947. The 1949 Amendments to the National Security Act of 1947 made the secretary of the Army a subordinate to the secretary of defense.
• Secretary of Commerce and Labor: created in 1903 and renamed Secretary of Commerce in 1913 when its labor functions were transferred to the new secretary of labor.
• Secretary of Health, Education, and Welfare: created in 1953 and renamed Secretary of Health and Human Services in 1979 when its education functions were transferred to the new secretary of education.

Other positions no longer of Cabinet rank

• Counselor to the President (1969–1993): A title used by high-ranking political advisers to the president of the United States and senior members of the Executive Office of the President since the Nixon administration. ^[12] Incumbents with Cabinet rank included Daniel Patrick Moynihan, Donald Rumsfeld and Anne Armstrong.
• Director of the Federal Emergency Management Agency (1996–2001): Created as an independent agency in 1979, raised to Cabinet rank in 1996, ^[13] and dropped from Cabinet rank in 2001. ^[14]
• Director of Central Intelligence (1995–2001) ^{[15] [16] [17]}
• Director of the Office of National Drug Control Policy (1993–2009) ^{[18] [19]}
• Chair of the Council of Economic Advisers (2009–2017) ^{[20] [21]}
• United States Ambassador to the United Nations (1946–1989, 1993–2001, 2009–2018)

Proposed Cabinet departments

• "Department of Industry and Commerce", proposed by Secretary of the Treasury William Windom in a speech given at a Chamber of Commerce dinner in May 1881. ^[22]
• "Department of Natural Resources", proposed by the Eisenhower administration, ^[23] President Richard Nixon, ^[24] the 1976 GOP national platform, ^[25] and by Bill Daley (as a consolidation of the Departments of the Interior and Energy, and the Environmental Protection Agency). ^[26]
• "Department of Peace", proposed by Senator Matthew Neely in the 1930s, Congressman Dennis Kucinich, 2020 presidential candidate Marianne Williamson, and other members of the U.S. Congress. ^{[27] [28]}
• "Department of Social Welfare", proposed by President Franklin Roosevelt in January 1937. ^[29]
• "Department of Public Works", proposed by President Franklin Roosevelt in January 1937. ^[29]
• "Department of Conservation" (renamed Department of Interior) proposed by President Franklin Roosevelt in January 1937. ^[29]
• "Department of Urban Affairs and Housing", proposed by President John F. Kennedy. ^[30]
• "Department of Business and Labor", proposed by President Lyndon Johnson. ^[31]
• "Department of Community Development", proposed by President Richard Nixon; to be chiefly concerned with rural infrastructure development. ^{[24] [32]}
• "Department of Human Resources" proposed by President Richard Nixon; essentially a revised Department of Health, Education, and Welfare. ^[24]
• "Department of Economic Affairs" proposed by President Richard Nixon; essentially a consolidation of the Departments of Commerce, Labor, and Agriculture. ^[33]
• "Department of Environmental Protection", proposed by Senator Arlen Specter and others. ^[34]
• "Department of Intelligence", proposed by former Director of National Intelligence Mike McConnell. ^[35]
• "Department of Global Development", proposed by the Center for Global Development. ^[36]
• "Department of Arts", proposed by Quincy Jones. ^[37]
• "Department of Business", proposed by President Barack Obama as a consolidation of the U.S. Department of Commerce's core business and trade functions, the Small Business Administration, the Office of the U.S. Trade Representative, the Export-Import Bank, the Overseas Private Investment Corporation, and the U.S. Trade and Development Agency. ^{[38] [39]}
• "Department of Education and the Workforce" proposed by President Donald Trump as a consolidation of the Departments of Education and Labor. ^[40]
• "Department of Health and Public Welfare" proposed by President Donald Trump as a renamed Department of Health and Human Services. ^[41]
• "Department of Economic Development" proposed by Senator Elizabeth Warren to replace the Commerce Department, subsume other agencies like the Small Business Administration and the Patent and Trademark Office, and include research and development programs, worker training programs, and export and trade authorities like the Office of the U.S. Trade Representative with the a single goal of creating and defending good American jobs. ^[42]
• "Department of Technology" proposed by businessman and 2020 Democratic presidential Candidate Andrew Yang. ^[43]
• "Department of Children and Youth", proposed by Marianne Williamson.

See also

• Black Cabinet
• Brain trust
• Cabinet of Donald Trump
• Cabinet of the Confederate States of America
• Kitchen Cabinet
• List of African-American United States Cabinet Secretaries
• List of female United States Cabinet Secretaries
• List of foreign-born United States Cabinet Secretaries
• List of living former members of the United States Cabinet
• List of people who have held multiple United States Cabinet-level positions
• List of United States Cabinet members who have served more than eight years
• List of United States political appointments that crossed party lines
• St. Wapniacl (historical mnemonic acronym)
• Unsuccessful nominations to the Cabinet of the United States

References

1. Prakash, Sai. "Essays on Article II:Executive Vesting Clause". The Heritage Guide to The Constitution. The Heritage Foundation. Archived from the original on July 1, 2018. Retrieved July 3, 2018.
2. Gaziano, Todd. "Essays on Article II: Opinion Clause". The Heritage Guide to The Constitution. The Heritage Foundation. Archived from the original on July 1, 2018. Retrieved July 3, 2018.
3. "Archived copy". Archived from the original on May 17, 2018. Retrieved May 17, 2018.
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10. Demirjian, Karoun (March 15, 2017). "Coats confirmed as nation's new spy chief". Washington Post . Archived from the original on March 16, 2017. Retrieved March 16, 2017.
11. 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.
12. "Clayton Yeutter's Obituary". The Washington Post. Archived from the original on December 31, 2018.
13. "President Clinton Raises FEMA Director to Cabinet Status" (Press release). Federal Emergency Management Agency. February 26, 1996. Archived from the original on January 16, 1997. Retrieved May 22, 2009.
14. Fowler, Daniel (November 19, 2008). "Emergency Managers Make It Official: They Want FEMA Out of DHS". CQ Politics. Archived from the original on November 29, 2008. Retrieved March 3, 2010. During the Clinton administration, FEMA Administrator James Lee Witt met with the Cabinet. His successor in the Bush administration, Joe M. Allbaugh, did not.(Archived March 3, 2010, by WebCite at
15. Tenet, George (2007). At the Center of the Storm . London: HarperCollins. p.  136. ISBN   978-0-06-114778-4. 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.
16. Schoenfeld, Gabriel (July–August 2007). "The CIA Follies (Cont'd.)". Commentary. Retrieved 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.
17. Sciolino, Elaine (September 29, 1996). "C.I.A. Chief Charts His Own Course". New York Times. Archived from the original on May 30, 2013. Retrieved 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.
18. Clinton, Bill (July 1, 1993). "Remarks by the President and Lee Brown, Director of Office of National Drug Control Policy". White House. Archived from the original on July 21, 2011. Retrieved 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.
19. Cook, Dave (March 11, 2009). "New drug czar gets lower rank, promise of higher visibility". Christian Science Monitor. Archived from the original on March 15, 2009. Retrieved 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.
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21. "President Trump announces his full Cabinet roster". Archived from the original on February 8, 2017. Retrieved February 9, 2017.
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29. "10 - Summary of the Report of the Committee on Administrative Management". The University of California, Santa Barbara - The American Presidency Project. Archived from the original on February 13, 2017. Retrieved February 13, 2017. 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.
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31. "121 - Special Message to the Congress: The Quality of American Government". The University of California, Santa Barbara - The American Presidency Project. Archived from the original on February 14, 2017. Retrieved February 13, 2017. 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.
32. "33 - Special Message to the Congress on Rural Development". The University of California, Santa Barbara - The American Presidency Project. Archived from the original on February 14, 2017. Retrieved February 13, 2017.
33. "116 - Special Message to the Congress on Executive Branch Reorganization". The University of California, Santa Barbara - The American Presidency Project. Archived from the original on February 14, 2017. Retrieved February 13, 2017. 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.
34. "Public Notes on 02-RMSP3". Archived from the original on June 13, 2017. Retrieved February 20, 2017.
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43. "Regulate AI and other Emerging Technologies". Andrew Yang for President. Archived from the original on August 20, 2019. Retrieved August 21, 2019.

Further reading

• Bennett, Anthony. The American President's Cabinet. Houndmills, Basingstoke, Hampshire: Macmillan, 1996. ISBN   0-333-60691-4. A study of the U.S. Cabinet from Kennedy to Clinton.
• Grossman, Mark. Encyclopedia of the United States Cabinet (Santa Barbara, California: ABC-CLIO; three volumes, 2000; reprint, New York: Greyhouse Publishing; two volumes, 2010). A history of the United States and Confederate States Cabinets, their secretaries, and their departments.
• Rudalevige, Andrew. "The President and the Cabinet", in Michael Nelson, ed., The Presidency and the Political System, 8th ed. (Washington, D.C.: CQ Press, 2006).

External links

Wikimedia Commons has media related to United States Cabinet .

• Official site of the President's Cabinet
• U.S. Senate's list of Cabinet members who did not attend the State of the Union Address (since 1984)