Reassigning a member of the President's Cabinet to another Cabinet position
Statutory Authority: Article II.2.2 of the Constitution of the United States
Recently there has been speculation in the media that should the incumbent Attorney General be dismissed or the position otherwise becomes vacant, the President could appoint another member of the Cabinet to the position without having to submit the nomination to the Senate for its advice and consent.
Statutory Authority: Article II.2.2 of the Constitution of the United States
Recently there has been speculation in the media that should the incumbent Attorney General be dismissed or the position otherwise becomes vacant, the President could appoint another member of the Cabinet to the position without having to submit the nomination to the Senate for its advice and consent.
It appears that such an effort would unconstitutional except with respect to a "recess appointment" as was demonstrated during Andrew Jackson's presidency.
Roger B. Taney, then serving as President Jackson's Attorney General [1831-1833] was appointed to, and then continued to serve in a recess appointment as Secretary of the Treasury [1833-1834].
Jackson subsequently nominated Taney to become Secretary of the Treasury, an appointment necessarily to be "by and with the Advice and Consent of the Senate." The Senate, however, did not consent to Taney's nomination.*
This supports the argument that "transferring" a member of the Cabinet to another position in the Cabinet requires "the Advice and Consent of the Senate" unless made as a "recess appointment" and if so made, will ultimately require affirmative action by the Senate for the individual serving pursuant to the authority of the recess appointment to be continued in the office to which he or she has be "transferred."
* Subsequently Taney joined the Supreme Court [March 15, 1836 - October 12, 1864] and served as Chief Justice, succeeding John Marshall.