Reading Room Document

Resignation of the Head of a Department Effective Only Upon the Confirmation and Appointment of a Successor

This document discusses the issue of whether the head of an executive agency can submit a resignation to become effective only upon confirmation and appointment of his or her successor. The conclusion reached in the document is that such a resignation is permissible and does not limit the President's powers. The document also presents historical examples and legal analysis to support the conclusion. The questions presented for review include the legality of submitting a resignation to take effect at a future date and the power of the President to nominate and the Senate to confirm appointments in anticipation of a vacancy. Additionally, the document provides examples of nominations made in anticipation of a vacancy and the Senate's confirmation of such nominations.

April 12, 1979