News From Terre Haute, Indiana

Community News Network

July 19, 2013

5 myths about presidential appointments

Our Constitution says presidents must execute laws passed by Congress. But what if the Senate won't approve the people supposed to do the executing? A stalemate over this quandary ended this past week when Senate Democrats and Republicans struck a deal to confirm some of President Barack Obama's stalled nominees to agencies such as the Consumer Financial Protection Bureau. But before we move on from this crisis - one that will probably happen again - let's tackle some misunderstandings about presidential appointments.

              

1. It's the Senate's fault that important agency positions and federal judgeships are vacant.

              

It is certainly disconcerting that the GOP, the Senate's minority party, blocks up-or-down votes on presidential nominees, a tactic that until recent administrations was reserved for exceptional cases. Presidents, however, bear considerable responsibility for vacancies because they take so long to make nominations. At least since George H.W. Bush was commander in chief, presidents have taken more than twice as long at the start of their administrations to come up with executive agency nominations as it has taken the Senate to confirm them.

              

The difference between nomination and confirmation times is usually not as stark for judgeships. For the Supreme Court in recent decades, confirmation tends to take longer than nomination, but for seats on many lower courts, the president moves slower than the Senate. The Congressional Research Service found that as of Jan. 19, Obama had nominated candidates for just 31 of 81 open federal district and circuit court spots. Senators are part of that problem: The White House customarily does not nominate judges without the approval of a home state's senators, and a majority of the 50 positions without a nominee were in states with at least one Republican senator. But Obama isn't blameless.

              

2. Cutting the number of Senate-confirmed positions is the best long-term solution.

              

Good-government commissions such as the Twentieth Century Fund Task Force on the Presidential Appointment Process and the 9/11 Commission lament the number of jobs requiring Senate confirmation and recommend reducing it. Under the appointments clause in Article II of the Constitution, however, only Congress can eliminate the confirmation requirement for some important agency positions - and Congress is generally unwilling to give up influence.

              

The bipartisan Presidential Appointment Efficiency and Streamlining Act of 2011 managed to eliminate Senate confirmation for 163 jobs, leaving the president to select those individuals on his own. Few of those positions, however, were controversial. They included, for example, 24 members of the National Science Board, 20 members of the National Museum and Library Services Board, 15 members of the National Board of Education Sciences and 10 members of the National Institute for Literacy Advisory Board.

              

A better way to reduce vacancy rates would be to get appointees to stay in their jobs longer. Rapid turnover is a long-standing problem: A staff member for President Dwight Eisenhower reportedly quipped that appointees stay a "social season and a half and then leave." He may have been exaggerating, but turnover is still very high. In the past five completed administrations, Cabinet secretaries' tenures averaged 3.2 years, but their deputies left about every two years. Administrations should push nominees to commit to a certain number of years in office and support them so they want to stay.

              

3. Agencies cannot operate without Senate-confirmed leaders in place.

              

Top agency positions are left vacant when nominations and confirmations lag, but their functions are not usually neglected. In many cases, an acting official is at the desk. The Federal Vacancies Reform Act of 1998 allows temporary officials to wield full authority in most agencies (but, critically, not in top jobs in independent regulatory commissions such as the National Labor Relations Board). The law limits how long these acting officials can serve, but many agencies operate by delegating responsibilities to other officials, even after these periods expire.

              

For example, June 10 was the final day acting Commissioner Daniel Werfel could head the Internal Revenue Service with that title. That day, Obama named him principal deputy commissioner and deputy commissioner for services and enforcement, which is now the top IRS position. Furthermore, once Obama submits a nomination for the commissioner's job, the law allows it to be filled by an acting officer, so Werfel's title may change again.

              

4. Judicial nominations are usually controversial.

              

It depends on the court. Confirmation rates tend to be lower for appellate court judges than for members of independent regulatory commissions and boards - the agency nominees battling the lowest confirmation odds - but higher for district court judges. According to the Congressional Research Service, the past five presidents ranged in their success on first-term nominees to appeals courts, from 67.3 percent to 86.8 percent. The rates are higher for district courts, from 76.9 percent to 95 percent. Obama fares next-to-last in each category.

              

The process also matters, and delays seem to be increasing. Before the Clinton administration, it was unusual for the Senate to conduct a roll-call vote on a lower-court nomination - a tactic that can delay confirmation. Meanwhile, Obama is the only modern president whose nominees for district and appeals courts have taken, on average, more than half a year to confirm.

              

5. Refusing to confirm presidential nominees is a fair way to rein in government.

              

Before the compromise reached this past week, Sen. Lindsey Graham, R-S.C., refused to confirm nominees to the NLRB after the agency sued Boeing over a new plant in his home state. The agency alleged that the company illegally moved work to South Carolina to retaliate for strikes by employees in Washington state. Graham and others hoped to cripple the agency - as did Democrats who used similar tactics in the final months of President George W. Bush's administration to delay a more conservative NLRB. (Boeing eventually settled with the agency, agreeing to create more unionized jobs in Seattle.)

              

In independent commissions not covered by the Vacancies Reform Act, such tactics can create great delay and uncertainty. But unless Congress repeals the laws governing those entities, their work remains necessary. For example, courts' caseloads are not reduced to account for judicial vacancies, and disputes between workers and management must still be resolved when the NLRB is hamstrung.

Graham conceded this past week that the confirmation process is not a proper way to change government obligations. He said that Richard Cordray - nominated to head the Consumer Financial Protection Bureau, created in 2011 under the Dodd-Frank Wall Street Reform and Consumer Protection Act - "was being filibustered because we don't like the law. That's not a reason to deny someone their appointment. We were wrong."

          

 

1
Text Only | Photo Reprints
Community News Network
  • VIDEO: Boston bomb scare defendant appears in court

    The man accused of carrying a backpack containing a rice cooker near the Boston Marathon finish line on the anniversary of the bombings was arraigned Wednesday. He's being held on $100,000 bail.

    April 17, 2014

  • Consumer spending on health care jumps as Affordable Care Act takes hold

    Nancy Beigel has known since September that she would need hernia surgery. She couldn't afford it on her $11,000 yearly income until she became eligible for Medicaid in January through President Barack Obama's signature health care law.

    April 17, 2014

  • The case for separate beds

    The other night I slept on a twin bed in the guest room of the house I share with my husband and our two kids.
    It was the best night's sleep I've had in years.

    April 17, 2014

  • Raw oysters spike U.S. rise in bacterial infections, CDC reports

    Raw oysters, so good with hot sauce, increasingly can carry something even more unsettling to the stomach: A bacteria linked to vomiting, diarrhea and pain.

    April 17, 2014

  • To sleep well, you may need to adjust what you eat and when

    Sleep.  Oh, to sleep.  A good night's sleep is often a struggle for more than half of American adults.  And for occasional insomnia, there are good reasons to avoid using medications, whether over-the-counter or prescription.

    April 16, 2014

  • Doctors to rate cost effectiveness of expensive cancer drugs

    The world's largest organization of cancer doctors plans to rate the cost effectiveness of expensive oncology drugs, and will urge physicians to use the ratings to discuss the costs with their patients.

    April 16, 2014

  • Low blood-sugar levels make for grousing spouses

    Husbands and wives reported being most unhappy with their spouses when their blood-sugar levels were lowest, usually at night, according to research released this week in the Proceedings of the National Academy of Sciences. Missing a meal, dieting or just being hungry may be the reason, researchers said.

    April 16, 2014

  • Screen Shot 2014-04-16 at 12.51.22 PM.png VIDEO: Toddler climbs into vending machine

    A child is safe after climbing into and getting stuck inside a claw crane machine at a Lincoln, Neb., bowling alley Monday.

    April 16, 2014 1 Photo

  • portraitoflotte.jpg VIDEO: From infant to teen in four minutes

    Dutch filmmaker Frans Hofmeester’s time lapse video of his daughter, Lotte — created by filming her every week from her birth until she turned 14 — has become a viral sensation.

    April 16, 2014 1 Photo

  • Victimized by the 'marriage penalty'

    In a few short months, I'll pass the milestone that every little girl dreams of: the day she swears - before family and God, in sickness and in health, all in the name of love - that she's willing to pay a much higher tax rate.

    April 15, 2014

  • Allergies are the real midlife crisis

    One of the biggest mysteries is why the disease comes and goes, and then comes and goes again. People tend to experience intense allergies between the ages of 5 and 16, then get a couple of decades off before the symptoms return in the 30s, only to diminish around retirement age.

    April 15, 2014

  • treadmill-very-fast.jpg Tax deduction for a gym membership?

    April marks another tax season when millions of Americans will deduct expenses related to home ownership, children and education from their annual tax bill. These deductions exist because of their perceived value to society; they encourage behaviors that keep the wheels of the economy turning. So why shouldn't the tax code be revised to reward preventive health?

    April 15, 2014 1 Photo

  • bomb1 VIDEO: A year after marathon bombing, Boston remains strong

    The City of Boston came together Tuesday to honor those who were injured and lost their lives at the Boston Marathon on the one-year anniversary of the bombing. While the day was sure to be emotional, those affected by last year's race are showing they won't let the tragedy keep them down.

    April 15, 2014 1 Photo

  • Google acquires drone maker Titan Aerospace to spread Internet

    Google is adding drones to its fleets of robots and driverless cars.
    The Internet search company said it acquired Titan Aerospace, the maker of high-altitude, solar-powered satellites that provides customer access to data services around the world. Terms of the deal weren't disclosed.

    April 14, 2014

  • E-Cigarettes target youth with festivals, lawmakers say

    The findings, in a survey released Monday by members of Congress, should prod U.S. regulators to curb the industry, the lawmakers said. While e-cigarettes currently are unregulated, the Food and Drug Administration is working on a plan that would extend its tobacco oversight to the products.

    April 14, 2014

  • Search teams will send unmanned sub to look for missing Malaysian airliner

    Teams searching for a missing Malaysian airliner are planning for the first time to send an unmanned submarine into the depths of the Indian Ocean to look for wreckage, an Australian official leading the multi-nation search said Monday.

    April 14, 2014

  • Why Facebook is getting into the banking game

    Who would want to use Facebook as a bank? That's the question that immediately arises from news that the social network intends to get into the electronic money business.

    April 14, 2014

  • Screen shot 2014-04-11 at 4.49.09 PM.png Train, entertain your pets with these 3 smartphone apps

    While they may not have thumbs to use the phone, pets can benefit from smartphone apps designed specifically for them.

    April 11, 2014 1 Photo

  • Stepping forward: The real Colbert

    Letterman changed the late-night TV game between his run on NBC's "Late Night" and starting the "Late Show" franchise in 1993. And while it's tough to replace a pop-culture icon, Colbert, in terms of pedigree and sense of humor, makes the most sense.

    April 11, 2014

  • Millions of Android phones, tablets vulnerable to Heartbleed bug

    Millions of smartphones and tablets running Google's Android operating system have the Heartbleed software bug, in a sign of how broadly the flaw extends beyond the Web and into consumer devices.

    April 11, 2014

  • 25801486.jpg VIDEO: Northern California bus crash kills 10

    At least nine people died in Northern California on Thursday night, in an accident involving a bus, a car and FedEx truck. The bus was filled with high school students from Southern California who were on their way to visit a college campus.

    April 11, 2014 1 Photo

  • Teens trading naked selfies for mugshots

    Will teenagers ever learn? You think yours will. Maybe so. But it's likely that was also the hope of the parents of children who were so shamed by nude photos of themselves that went south - how else can they go - that they killed themselves.

    April 10, 2014

  • Boston doctors can now prescribe you a bike

    The City of Boston this week is rolling out a new program that's whimsically known as "Prescribe-a-Bike." Part medicine, part welfare, the initiative allows doctors at Boston Medical Center to write "prescriptions" for low-income patients to get yearlong memberships to Hubway, the city's bike-share system, for only $5.

    April 10, 2014

  • DayCareCosts.jpg Day care's cost can exceed college tuition in some states

    Most parents will deal with an even larger kid-related expense long before college, and it's a cost that very few of them are as prepared for: day care.

    April 10, 2014 1 Photo

  • VIDEO: CBS taps Colbert as Letterman’s Late Show successor

    Bloomberg’s Jon Erlichman reports that CBS has announced Stephen Colbert as its choice to replace the retiring David Letterman as host of “The Late Show” on Bloomberg Television’s “Lunch Money.”

     

    April 10, 2014

  • Screen Shot 2014-04-10 at 10.25.07 AM.png VIDEO: Cement truck crashes into minivan

    A professor at Texas A&M University was fortunate to escape serious injury recently when a cement truck ran a red light at a College Station intersection and crashed head-on into his minivan. A dash camera that Dr. Guan Zhu had installed about a year ago captured the entire incident.

    April 10, 2014 1 Photo

  • 2012_Mazda6_--_NHTSA.jpg Brakes, steering and...spiders? What's behind the latest auto recalls

    11 million vehicles have already been recalled in 2014 for everything from power steering failure to vulnerability to spider attack.

    Check out the full list of 2014 recalls.

    April 9, 2014 1 Photo

  • Screen Shot 2014-04-09 at 5.06.43 PM.png Spartans mourn passing of 'Princess Lacey'

    Lacey Holsworth, the 8-year-old cancer patient from Michigan who befriended Michigan State forward Adreian Payne and established a bond with his teammates before and during the Spartans’ run to the Elite Eight, died at her home late Tuesday night, her family said.

    April 9, 2014 1 Photo

  • Screen Shot 2014-04-09 at 4.02.29 PM.png VIDEO: Nebraska prom mishap goes viral

    A group of 22 high school students from Pierce, Neb., all decked out in prom finery, took an unplanned dip in a four-foot-deep pond when the bridge they were posing on for pictures gave way. Photos from the incident have gone viral on social media.

    April 9, 2014 1 Photo

  • Is a paleo vegetarian diet possible?

    Research shows most people can follow a regimented eating plan for a short time. That's not the challenge. The challenge is finding a healthful eating plan you can follow day after day and achieve your long-term health goals. At this point, it doesn't appear that the paleo eating plan meets these objectives for most people.

    April 9, 2014

Latest News
TribStar.com Poll
AP Video
New York Auto Show Highlights Latest in Car Tech Captain of Sunken South Korean Ferry Apologizes Malaysia Plane: Ocean Floor Images 'Very Clear' Crew Criticized Over Handling of Ferry Disaster Diplomats Reach Deal to Ease Tensions in Ukraine Raw: Royal Couple Visits Australia Mountains Raw: Two Lucky Kids Get Ride in Popemobile Passengers Abuzz After Plane Hits Swarm of Bees Sparks Fly With Derulo and Jordin on New Album Raw: Pro-Russian Militants Killed on Base Agreement Reached to Calm Ukraine Tensions Raw: Bulgarian Monastery Dyes 5000 Easter Eggs Obama Hopeful on Ukraine, Will Watch Russians Flamingo Frenzy Ahead of Zoo Construction Small Reactors Could Be Future of Nuclear Energy Raw: Blast at Tennessee Ammunition Plant Kills 1 New York Auto Show Highlights Latest in Car Tech Miley Cyrus Still in Hospital, Cancels 2nd Show Raw: Pope Francis Performs Pre-easter Ritual U.S. Sending Nonlethal Aid to Ukraine Military
NDN Video
Man Accuses 'X-Men' Director Bryan Singer of Sexually Abusing Him As a Teenager Lea Michele & Naya Rivera Feuding? Don't Be A Tattletale: Bad Bullying Tips For Students Jabari Parker declares for the NBA draft Singing Nun Belts Out Cyndi Lauper Swim Daily, Throwback Thursday The trillest thoughts on marijuana "RHOA" Star Charged With Battery Grizzly Bears Get Snowy Birthday Party Weatherman draws forecast when another technical glitch strikes WGN Elizabeth Olsen's Sexy Shoot Bay Area Teen Gets Prom Date With Help From 'Breaking Bad' Star Boston Bomb Scare Defendant Appears in Court Behind The Tanlines Jersey Strong Part 1 WATCH: Women Fight To Marry Prince Harry! Jenny McCarthy Engaged to "New Kid" Kate and Will Land in Oz O’Reilly Launches Preemptive Strike Against CBS Pixar Unveils Easter Eggs From its Biggest Movies Baby Sloths Squeak for Their Cuddle Partners in Adorable Video
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
  • -

     

    March 12, 2010

activity