Posted on Feb 6, 2016
Why does the Senate intervene in the military promotion process?
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The simple answer is that the Senate (not the entire Congress) has a constitutional obligation to do so. Every commissioned officer is appointed by the President, "by and with the advice and consent of the Senate." Most promotion lists are reviewed in the Senate Armed Services Committee, approved by the Committee, and then approved in the Senate by unanimous. General and Flag Officer promotions get the full treatment. RAdm Losey is nowhere the first officer appointment to be questioned--many have even been disapproved--by the Senate, and he won't be the last. Just another of those little Constitutional tidbits that even most lawyers don't know.
I was a Major when I was admitted to the Bar for the first time, the background check form asked "Have you ever been elected or appointed to public office and if so, by whom?" I responded "Yes, by the President of the United States with the advice and consent of the Senate." That prompted a telephone call from an attorney at the Attorney Registration Office at the Illinois Supreme Court.
Attorney: "You're a presidential appointee?"
Me: "Yup."
A: "What office or position?"
M: "I'm a Major in the United States Marine Corps."
A: "Yeah, yeah, we noticed that, that's OK, but to what office did the President appoint you?"
M: "Second Lieutenant of Marines, First Lieutenant of Marines, Captain of Marines, and Major of Marines."
A: (Looooong pause) "I don't understand. You said you were appointed to office by the President with the advice and consent of the Senate. What office?"
M: (Now tired of playing who's on first with this idiot) "OK. Let me read you my commission. (I did.) Are we OK now?"
A: "Geez, I never knew that. The next time I teach Con Law at the UofI Law school, I'm gonna use that as a trick question!"
I was a Major when I was admitted to the Bar for the first time, the background check form asked "Have you ever been elected or appointed to public office and if so, by whom?" I responded "Yes, by the President of the United States with the advice and consent of the Senate." That prompted a telephone call from an attorney at the Attorney Registration Office at the Illinois Supreme Court.
Attorney: "You're a presidential appointee?"
Me: "Yup."
A: "What office or position?"
M: "I'm a Major in the United States Marine Corps."
A: "Yeah, yeah, we noticed that, that's OK, but to what office did the President appoint you?"
M: "Second Lieutenant of Marines, First Lieutenant of Marines, Captain of Marines, and Major of Marines."
A: (Looooong pause) "I don't understand. You said you were appointed to office by the President with the advice and consent of the Senate. What office?"
M: (Now tired of playing who's on first with this idiot) "OK. Let me read you my commission. (I did.) Are we OK now?"
A: "Geez, I never knew that. The next time I teach Con Law at the UofI Law school, I'm gonna use that as a trick question!"
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It's interesting that the Navy wants to promote and keep a Flag who's a lightning rod, justly or unjustly. Now it's a matter of where is the "how bad" factor. When it comes to politics, politics always wins, especially since the law requires a political body's approval. Unless the Navy has the chops to have private meetings with the concerned Senators to demonstrate compelling need, etc. I suspect the "review" will result in withdrawing the promotion with a subsequent retirement. Even if there is compelling need for the Navy, there isn't compelling need for politicals who have their own enemies to deal with. Perception is everything. Unlike Patton and Rickover, he's probably 40 years too late with his style.
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Intervening? As Long as I can remember the US Congress was charged with Officer Selection and Promotion. Being a Naval Communicator I remember being tasked with Handling the Messages and the Confidentiality until they were notified of their promotion. I remember the Cap't that had very Minimal Involvement in Tail Hook but Plenty in Congress though would not forget who he was and made him a Forced Retirement due to lack of Advancement.
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COL David Turk
LtCol Mac McCarty - Thanks for your comments, but they don't correlate with my recollection of the process. I'll have to do research since I don't remember the part about the President (White House) approving the commissioned officer promotion lists served up by each service. Those lists went straight to the Senate. I also don't remember anybody above the individual services vetting them (Sec Def).
Again, as I remember it, all commissioned officer promotion lists generated by the G-1 of each individual service would be sent to directly to the senate. The senate would stamp their approval (obviously with the right of individual exception) and return the list to the respective service for execution. I'm sure about the senate approval part based on the back door way of finding out if you had been promoted (Army). I can't speak for the other services but way in the past, the Army would tell you if your packet made it to the promotion board, but nothing more until the services published the list just before you received your promotion orders. That could be quite a few months after the board closed. The trick was to go to the web site for senate approvals and look for the respected list containing your promotion group. Once you found the list in the senate approval section, you'd scan the document for your name. I found about my last two promotions this way, way before the promotion list was published. That changed about 15 years or so ago. I assume that the G-1 figured out we all were checking the senate site. They started releasing the promotion list shortly approved by the Senate. Obviously this only worked after the Internet was available, and that congress used it to post the results of matters before it.
The do agree that the president can make appointments and nominations.
I'll see if I can find the presentation of the promotion process provided by the G-1.
Again, as I remember it, all commissioned officer promotion lists generated by the G-1 of each individual service would be sent to directly to the senate. The senate would stamp their approval (obviously with the right of individual exception) and return the list to the respective service for execution. I'm sure about the senate approval part based on the back door way of finding out if you had been promoted (Army). I can't speak for the other services but way in the past, the Army would tell you if your packet made it to the promotion board, but nothing more until the services published the list just before you received your promotion orders. That could be quite a few months after the board closed. The trick was to go to the web site for senate approvals and look for the respected list containing your promotion group. Once you found the list in the senate approval section, you'd scan the document for your name. I found about my last two promotions this way, way before the promotion list was published. That changed about 15 years or so ago. I assume that the G-1 figured out we all were checking the senate site. They started releasing the promotion list shortly approved by the Senate. Obviously this only worked after the Internet was available, and that congress used it to post the results of matters before it.
The do agree that the president can make appointments and nominations.
I'll see if I can find the presentation of the promotion process provided by the G-1.
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LtCol Mac McCarty
COL David Turk - Sir, I read through the statutes after one of the other Army guys mentioned 10 USC 624. (What the heck--I'm retired, it's just the dog and me, and it's Saturday night. What better way to relax?). The statutory process is Board to Service Secretary to CJCS (sounds like a Goldwater-Nichols requirement) back to Service Secretary to SECDEF to President for his approval ("...after the President approves...") and then to Senate. There are all sorts of provisions re: removing names, taking corrective action if Service Secretary, CJCS or SECDEF finds error on the part of the Board, and so forth. Really, Sir, you gotta read it for yourself. I can't do it justice. Wonderful stuff. Thrilling. I laughed, I cried, I had tears in my eyes when she showed him the baby and it looked just like....the next door neighbor. The butler did it. Semper wonky. Mac
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COL David Turk
LtCol Mac McCarty - Thanks for doing the research for me. I stand corrected. Well, I used up my mistake for this week.
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