How did the US Senate approve Trump's cabinet?

US President-elect Donald Trump has announced a series of cabinet candidates for his new term, which will begin in January 2025. Important positions include White House Chief of Staff, leaders of the Departments of State, Justice, Defense, Homeland Security, Health and Human Services, the National Security Agency, and the Central Intelligence Agency (CIA).

But Mr Trump’s efforts to appoint loyalists to his cabinet are creating the first major test for the Republican majority in the US Senate, whose leaders must now decide how far they are willing to go to support or oppose cabinet nominations.

US Senate decides cabinet

The US Constitution stipulates that the US Senate has the role of examining and approving members of the Government appointed by the President, including ministers, US ambassadors to foreign countries, and federal judges. This provision is intended to control presidential power, helping to ensure that incompetent or corrupt people are not selected.

The Senate begins the confirmation process by holding hearings. Hearings take place before 'committees having jurisdiction over the agency the nominee is nominated to lead.'

Hearings can last several hours. Committee members ask the candidate questions, often about his or her background and policy views, and future leadership plans.

For example, in 2021, the US Senate Foreign Relations Committee held hearings to confirm Antony Blinken, President Joe Biden's nominee for Secretary of State. The Senate Finance Committee confirmed Janet Yellen as Treasury Secretary.

The process would end with a committee vote, followed by a full Senate vote. A nominee would need the support of a majority of senators voting to be confirmed.

It should also be added that not only the US Senate but also other security agencies participate in the verification process, such as the US Federal Bureau of Investigation (FBI). The FBI's role is even greater as this agency is responsible for verifying the background of more than 1,000 positions in the new Government, the results and records of each candidate will be sent to the office of the US President-elect and the US Congress.

The new US Senate will begin working on January 3, 2025, and the process of verifying nominated cabinet members will take place afterwards.

For Mr. Trump, the Republican majority in the Senate is a big advantage. However, not all of Mr. Trump's cabinet nominees are popular with lawmakers.

A typical example is the position of Secretary of Defense of Mr. Pete Hegseth - former Fox News host and Attorney General candidate, Florida Congressman Matt Gaetz.

Trump seeks to "bypass" the US Senate

US President-elect Donald Trump said he wants to use the US Congress' recess to appoint cabinet members, a move that could bypass the Senate confirmation process for some of the most important positions in the US government.

The move is expected to limit the Democrats' remaining power to thwart the new administration, but could strip the US Senate of its role in confirming or rejecting the president's nominations.

Also according to the US Constitution, the President can appoint personnel to the cabinet while Congress is in recess.

Congress can recess for months at a time, and presidents can use the direct appointments clause during this time to avoid leaving an important position vacant for too long.

Historically, there have been many presidents who have used their power to appoint people without going through lawmakers in the Senate. President Bill Clinton made 139 appointments and President George W. Bush made 171, but neither of them used the process for high-level cabinet positions, according to the Congressional Research Service.

President Barack Obama tried to continue that practice, making 32 appointments, but a 2014 Supreme Court ruling curtailed that presidential power.

To address this issue, the US Senate, even during recess, holds sessions but does not conduct any legislative activity. The House also retains some power over temporary appointments by refusing to allow the Senate to adjourn.

Making appointments during a recess would significantly reduce the power of the Senate, which may be what Trump is trying to do as he plans for a second term that will be more powerful than his first.

Mr Trump appears to want to be a decisive president with greater authority than any of his predecessors.

President-elect Trump recently said the Senate “must approve” his overreach, or he won’t be able to make timely appointments. He said that during his first term, some of his nominees took years to get through the Senate. According to the Presidential Transition Center, it took an average of 115 days for Trump’s nominees to be confirmed during his first term.

Republican Senator John Thune, elected to be the next Senate majority leader, has pledged to maintain a "robust schedule until Mr Trump's nominations are confirmed". Mr Thune has also not ruled out allowing Mr Trump to bypass the Senate.

However, Democrats will also do their best to block it, and it is unclear whether all Republicans will support it. In addition, recess appointments are only temporary. Appointments expire at the end of the Congressional session, which can take up to a year."