Why does the President need the Senate’s approval to appoint people to the executive branch? Why is it so hard to get those people confirmed? And has the whole process become more about political theater than public service?

In this episode of This Constitution, hosts Savannah Eccles Johnston and Matthew Brogdon unpack the constitutional roots and modern realities of executive confirmations. They explore how this check on presidential power has evolved over time, starting from full floor debates to closed-door committees and now, into viral, made-for-TV public hearings.

Savannah and Matthew explain why Senate confirmation was never a given, how firing power differs from hiring power, and what makes this process both essential and inefficient. They also take on key issues: Are there too many confirmable positions? Is the Senate spending too much time playing politics instead of governing? And is reform even possible?

With historical anecdotes, constitutional insight, and present-day implications, this episode offers a comprehensive look at how and why executive confirmations matter more than ever.

In This Episode

• (00:00:00) Introduction to executive confirmations
• (00:00:29) Why Senate participation is required
• (00:01:24) Historical context: Presidential vs. royal appointments
• (00:03:00) The power to fire vs. the power to hire
• (00:04:50) The idea of life-tenure appointments and Smith’s proposal
• (00:06:27) Rise of committees and public hearings
• (00:07:45) Progressive Era and distrust in party machines
• (00:08:46) Congress asserting itself post-Civil War (1868)
• (00:09:56) Volume and backlog: 1100+ roles, 500+ unfilled
• (00:10:29) What the modern confirmation process looks like
• (00:11:18) Three overburdened Senate committees
• (00:12:15) Should we reduce the number of confirmable roles?
• (00:14:39) Reform ideas: Time limits, Senate scheduling
• (00:15:58) Cloture votes, the filibuster, and slowdowns
• (00:17:00) Cabinet delays: Then vs. now (Bush to Biden)
• (00:19:00) Committee triaging: Prioritizing key departments
• (00:20:46) Controversial roles and unfilled posts
• (00:21:46) Partisanship and personal political ambition
• (00:22:46) Historical examples of rejected or withdrawn nominees
• (00:23:54) Are public hearings useful or just performative?
• (00:27:00) Final thoughts on checks, balances, and reform

Notable quotes

[00:02:08]

"This quality control matters here in this process. We're making sure that people who hold these positions of immense public trust are verified, decent, capable, competent people." —Savannah Eccles Johnston

[00:03:32]

"The Constitution only has one thing to say about removing people from office, and that is the impeachment power… but it’s really a nuclear option." —Matthew Brogdon