The Tenure of Cabinet Officers

Abstract

Section 202(a) of Public Law 253 of the 80th Congress, 1st Session, approved July 26, 1947, provides that “there shall be a Secretary of Defense, who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.” Section 311 of the same act amends the Presidential Succession Act, approved July 18, by striking out “Secretary of War” and inserting in lieu thereof “Secretary of Defense,” and striking out “Secretary of the Navy.”The effect of these changes is to elevate the Secretary of Defense to a position in the President's cabinet and to provide for his possible succession to the presidency. The law gives authority for his appointment, but says nothing about his term of office. This raises a question concerning which there is considerable confusion and lack of information. Specifically, what is the term of office of heads of the executive departments, i.e., those who compose the President's cabinet?If one turns to the more recently established executive departments—those of Commerce and Labor—he reads that in each case the Secretary's “term and tenure of office shall be like that of the heads of the other executive departments.” Further research discloses the interesting fact that only one of the other executive heads has a legal term. This is the Postmaster General. In his case, the law provides that “the term of the Postmaster General shall be for and during the term of the President by whom he is appointed, and for one month thereafter, unless sooner removed.”