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Cabinet of the United States

The Cabinet of the United States is the principal official advisory body to the president of the United States. The Cabinet meets with the president in a room adjacent to the Oval Office. The president chairs the meetings but is not formally a member of the Cabinet. The heads of departments, appointed by the president and confirmed by the Senate, are members of the Cabinet, and acting department heads also participate in Cabinet meetings whether or not they have been officially nominated for Senate confirmation. The president may designate heads of other agencies and non-Senate-confirmed members of the Executive Office of the President as members of the Cabinet.

Formation

March 4, 1789 (1789-03-04)

Inferred (Opinion Clause)

Advisory body to the president of the United States

25 members, plus the Vice President:

The Cabinet does not have any collective executive powers or functions of its own, and no votes need to be taken. There are 26 members: the vice president, 15 department heads, and 10 Cabinet-level officials, all except two of whom require Senate confirmation. During Cabinet meetings, the members sit in the order in which their respective department was created, with the earliest being closest to the president and the newest farthest away.[1]


The members of the Cabinet 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 of the United States in Myers v. United States (1926) or downgrade their Cabinet membership status. Often it is legally possible for a Cabinet member to exercise certain powers over his or her own department against the president's wishes, but in practice this is highly unusual due to the threat of dismissal. The president also has the authority to organize the Cabinet, such as instituting committees. Like all federal public officials, 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".


The Constitution of the United States 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 provide advice to the president. Additionally, the Twenty-fifth Amendment authorizes the vice president, together with a majority of the heads of the executive departments, to declare the president "unable to discharge the powers and duties of his office". The heads of the executive departments are—if eligible—in the presidential line of succession.

Federal law[edit]

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 5 U.S.C. § 3110 (also known as 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.[5]


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.[6]

(1789–1947), headed by the secretary of war: renamed Department of the Army by the National Security Act of 1947.

Department of War

(1798–1949), headed by the secretary of the Navy: became a military department within the Department of Defense.

Department of the Navy

(1829–1971), headed by the postmaster general: reorganized as the United States Postal Service, an independent agency.

Post Office Department

(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.

National Military Establishment

Department of the Army (1947–1949), headed by the : became a military department within the Department of Defense.

secretary of the Army

(1947–1949), headed by the secretary of the Air Force: became a military department within the Department of Defense.

Department of the Air Force

: created in July 1781 and renamed Secretary of State in September 1789.[10]

Secretary of Foreign Affairs

: 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 War

: created in 1903 and renamed Secretary of Commerce in 1913 when its labor functions were transferred to the new secretary of labor.

Secretary of Commerce and Labor

Secretary of Health, Education, and Welfare: created in 1953 and renamed in 1979 when its education functions were transferred to the new secretary of education.

Secretary of Health and Human Services

(1953–1989, 1993–2001, 2009–2018, 2021–present)

Ambassador to the United Nations

(1953–1961, 1969–present)

Director of the Office of Management and Budget

(1953–1961, 1974–1977, 1993–present)

White House Chief of Staff

(1969–1977, 1981–1985, 1992–1993): 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.[11] Incumbents with Cabinet rank included Daniel Patrick Moynihan, Donald Rumsfeld, and Anne Armstrong.

Counselor to the President

(1974–1977)

White House Counsel

(1975–present)

United States Trade Representative

(1977–1981, 1993–2001, 2009–2017, 2021–present)

Chair of the Council of Economic Advisers

(1977–1981)

National Security Advisor

(1981–1989, 1995–2001)[12][13][14]

Director of Central Intelligence

(1993–present)

Administrator of the Environmental Protection Agency

(1993–2009)[15][16]

Director of the Office of National Drug Control Policy

(1994–2001, 2012–present)

Administrator of the Small Business Administration

(1996–2001): Created as an independent agency in 1979, raised to Cabinet rank in 1996,[17] and dropped from Cabinet rank in 2001.[18]

Director of the Federal Emergency Management Agency

(2017–present)

Director of National Intelligence

(2017–2021, 2023–present)

Director of the Central Intelligence Agency

(2021–present)

Director of the Office of Science and Technology Policy

Department of Industry and Commerce, proposed by Secretary of the Treasury in a speech given at a Chamber of Commerce dinner in May 1881.[19]

William Windom

Department of Natural Resources, proposed by the ,[20] President Richard Nixon,[21] the 1976 GOP national platform,[22] and by Bill Daley (as a consolidation of the Departments of the Interior and Energy, and the Environmental Protection Agency).[23]

Eisenhower administration

proposed by Founding Father Benjamin Rush in 1793, Senator Matthew Neely in the 1930s, Congressman Dennis Kucinich, 2020 and 2024 presidential candidate Marianne Williamson, and other members of the U.S. Congress.[24][25][26]

Department of Peace

Department of Social Welfare, proposed by President in January 1937.[27]

Franklin D. Roosevelt

Department of Public Works, proposed by President Franklin D. Roosevelt in January 1937.

[27]

Department of Conservation (renamed Department of the Interior), proposed by President Franklin Roosevelt in January 1937.

[27]

Department of Urban Affairs and Housing, proposed by President .[28]

John F. Kennedy

Department of Business and Labor, proposed by President .[29]

Lyndon B. Johnson

Department of Community Development, proposed by President Richard Nixon; to be chiefly concerned with rural infrastructure development.[30]

[21]

Department of Human Resources, proposed by President Richard Nixon; essentially a revised Department of Health, Education, and Welfare.

[21]

Department of Economic Affairs, proposed by President Richard Nixon; essentially a consolidation of the Departments of Commerce, Labor, and Agriculture.

[31]

Department of Environmental Protection, proposed by Senator and others.[32]

Arlen Specter

Department of Intelligence, proposed by former Mike McConnell.[33]

Director of National Intelligence

Department of Global Development, proposed by the .[34]

Center for Global Development

Department of Art, proposed by .[35]

Quincy Jones

Department of Business, proposed by President 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.[36][37]

Barack Obama

Department of Education and the Workforce, proposed by President as a consolidation of the Departments of Education and Labor.[38]

Donald Trump

Department of Health and Public Welfare, proposed by President as a renamed Department of Health and Human Services.[39]

Donald Trump

Department of Economic Development, proposed by Senator 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 single goal of creating and protecting American jobs.[40]

Elizabeth Warren

Department of Technology, proposed by businessman and 2020 Democratic presidential candidate .[41]

Andrew Yang

Department of Culture, patterned on similar departments in many foreign nations, proposed by, among others, [42] and Jeva Lange.[43]

Murray Moss

When he was SEC Chairman, proposed that the Securities and Exchange Commission be elevated to Cabinet level. In July 2002, The New York Times wrote: "Democratic and Republican members of Congress joined administration officials today in ridiculing Harvey L. Pitt's request that his pay be increased and his job as chairman of the Securities and Exchange Commission be elevated to Cabinet rank ... evoking an outpouring of bipartisan scorn."[44] Pitt had tried to insert a provision into corporate antifraud legislation that would increase his pay by 21%, and also elevate his status to that of Cabinet level, at a time when the stock markets had sunk to five-year lows and some congressional leaders were calling for him to resign.[45][46][47][48]

Harvey Pitt

Black Cabinet

Brain trust

Cabinet of Joe Biden

Cabinet of the Confederate States of America

Kitchen Cabinet

List of African-American United States Cabinet members

List of Hispanic and Latino American United States Cabinet members

List of female United States Cabinet members

List of foreign-born United States Cabinet members

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

(historical mnemonic acronym)

St. Wapniacl

United States presidential line of succession

Unsuccessful nominations to the Cabinet of the United States

Bennett, Anthony. The American President's Cabinet. Houndmills, Basingstoke, Hampshire: Macmillan, 1996.  0-333-60691-4. A study of the U.S. Cabinet from Kennedy to Clinton.

ISBN

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).

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)