Can a President appoint an agency chairperson without Senate confirmation?

The understanding of presidential appointments to agency chairpersons is rooted in the U.S. Constitution and the checks and balances implemented within the government. Generally, the appointment of agency leaders or chairpersons must go through a Senate confirmation process, as outlined in Article II, Section 2 of the Constitution. This section mandates that the President appoints officers of the United States, but also states that these appointments require the "Advice and Consent" of the Senate.

In most circumstances, the President cannot circumvent this process. The requirement for Senate confirmation serves as a critical check on presidential power, ensuring that nominees are carefully evaluated and hold a measure of accountability to the legislative branch. Thus, the assertion that Senate confirmation is always necessary is a reflection of the foundational principles of governance in the U.S. system, which aims to balance power between the branches of government.

While there may be exceptions regarding interim or acting appointments under specific guidelines, the prevailing rule is that a full appointment—such as for an agency chairperson—cannot be finalized without Senate approval. This requirement fortifies the role of the Senate in the appointment process and maintains legislative oversight over executive appointments.