POLSCI 318 Lecture Notes - Lecture 17: Anita Hill, Nuclear Option, Henry A. Wallace
4 May 2018
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Congress and the President
11.02.16 Lecture Notes – Appropriations and the Confirmation Process
x Recalcitrant Senate will block any nominations by Clinton
x There may be a slim Democratic majority in Senate but not enough to invoke cloture in the case of a
filibuster
o Nuclear option: constitutional option is a parliamentary procedure that allows the U.S. Senate
to override a rule or precedent by majority vote – moved to change the rules such that you only
required a bare majority to confirm nominations
o 2013 first exercised by Harry Reid
o Shifted from super majoritarian support for confirmation to a simple majoritarian requirement
o Power shifts from the minority in Congress to the bare majority
o Reason to not the nuclear option would be that: if the control of government changes hands,
the nuclear option can be used against them after setting the precedent
The Appointment Process
x Article 2, section 2, clause 2: the president shall nominate with the advice and consent of the Senate
x Can nominate individuals in PAS positions (Presidential appointment with senate confirmation)
x Nuer of PA“ positios a ary y presidet, ut ost ofte, it’s etee , to ,4 positios
o Executive department secretaries
o Secretary of interior, housing, etc.
o Inspector generals (for the post office, for the military)
o Under secretaries
o Positions in independent agencies and commissions
Process:
x President nominates (vetting lists of candidates, conducting FBI and IRS searches, office for ethics will
investigate candidates)
o Ex: confirmation hearings for Justice Thomas
o Even though he had undergone FBI and IRS searches, it came out really late that he had a claim
of sexual harassment (Anita Hill)
o What happened was that members of Congress investigated back stories on his prior
employments and found out Anita Hill had mentioned these stories with her friends
o Was earrassig for the White House ho did’t ko aout this earlier
x Disclosure forms on their taxes and also pass a background check
x Only the Senate is responsible for confirmation, not the House (unless House members were asked by
the President for advice)
x All hearigs are held i the “eate judiiary or the oittee releat for the positio’s poliy area
o Figures out the idiidual’s partisaship, iterests
o Summons supporters and opponents of the individuals to testify
x Committee can either report on the nomination favorably, unfavorably, or not at all
o Only been one cabinet position that has ever been reported unfavorably by the Senate
committee, and was still passed by the Senate as a whole
o Ex: Henry Wallace became Secretary of Commerce
o For the most part, if the committee believes that the nomination is unfavorably, it is very
unlikely for the Senate as a whole to pass it
x The nomination will go to the Senate floor for final passage vote
Major current controversies
x Recess appointments – temporary appointments up to a year
o Has to be signed off by Senate a year later
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