Would it be possible/legal to start the cabinet confirmation process prior to inauguration?

[DCBob]

That would certainly help the Obama team get a fast start once in power.

[mattclearing]

1. No.

Only the President can nominate a cabinet appointee.

[DCBob]

3. Seems we ought to make an exception in this time of crisis.

Would congress need to pass a law to make this happen?

[rwenos]

6. Congressional Terms Start Jan 3

And the president's term starts on January 20th at 12:01 p.m.

There's no reason why Congress could not take up Obama's nominee's within a day or two of January 3, but they would have no obligation to do so. Obama can't sign appointment orders until after taking the oath of office, shortly after noon on January 20.

Thus, Obama can't make appointments until he's actually President. Congress could consider his nominees before that, but no approval could take effect until Obama actually makes the appointments.

[jwirr]

7. The new congress is not in session - starting confirmation hearings

now would be asking the old congress to do what they have been doing all along - mess things up royally.

[onenote]

5. while you are technically right, hearings will be held before the nomination is formal

the reason that nominations are announced before the president-elect is sworn in is so the new congress can immediately start hearings on the putative nominee. What happens is that the hearings are held, and then when the PE is sworn in, he sends the nominees to the senate which is primed and ready to immediately confirm.

[cali]

12. wrong. hearings started for some Clinton appointees before inauguration

don't know about bushy.

[onenote]

2. it will start before inauguration, but not until the new congress is sworn in

between Jan 3 and Jan 20 there will be hearings on nominees so that confirmation can take place immediately following inauguration. This link shows the timing of cabinet confirmations

http://www.senate.gov/reference/resources/pdf/cabinettable.pdf

[DCBob]

4. That's good to hear. Hopefully they can move fast to get the critical positions approved first.

Obama and his team will not have time to deal with confirmation nonsense.

[kirby]

8. Bush could nominate them, right? n/t

[rug]

9. No, but he could submit all the names on January 20, and the new Senate could open hearings then.

[EffieBlack]

10. Yes. It's been done before

[SoCalDem]

11. Probably, because the electoral college has not even voted yet

and the new congress does not start until January..and Obama's not "officially" president until Jan 20 at noon..

[DCBob]

13. And the answer is YES -- between Jan 3rd (congress convenes) and 20th (inauguration)

Lets hope they can expedite the process during that time so the the Obama team can hit the ground running the day after inauguration.

Thanks to all those who replied with the "right" answer! :)