President Joe Biden's Cabinet pictured in July 2021
Formation
March 4, 1789 (235 years ago) (1789-03-04)
Legal status
Inferred (Opinion Clause)
Purpose
Advisory body to the president of the United States
Location
Cabinet Room, White House, Washington, D.C.
President of the United States
Joe Biden
Membership
25 members, plus the Vice President:
15 principal officers
10 other members
Website
www.whitehouse.gov
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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.
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 (ArticleII, Section2, Clause1) 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.
^"Cabinet Room—White House Museum". www.whitehousemuseum.org. Retrieved March 17, 2021.
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