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A cabinet position is not an official position in government -- there is no constitutional amendment or law requiring or prohibiting a cabinet. Therefore, the President of the United States may appoint or fire any member of his cabinet that he sees fit. The President may also create new cabinet positions or destroy positions at his sole discretion. The President may also choose to have no cabinet at all. In short, the President appoints a person to be in his cabinet, and that person is in.

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Nobody, Supreme Court judges are not elected they are appointed by the President. Then the Senate must approve the appointment before he can actually take office as a judge.


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