Senatorial Courtesy

The Senate has derived from its role in the appointment power a custom, called senatorial courtesy, that gives senators additional influence over presidential nominations to federal positions within their own states. According to the custom the full Senate usually goes along when a senator from the president's party objects to a nominee in his or her state. The custom primarily affects nominations of judges to federal district courts and certain other courts, U.S. attorneys, federal marshals, and other federal officials based locally.

The custom of senatorial courtesy dates from 1789, when President George Washington replaced his nominee for a post in Georgia with the candidate endorsed by the state's two senators. Among the most aggressive advocates of senatorial courtesy was Roscoe Conkling, a New York Republican who served in the Senate from 1867 to 1881. The importance of senatorial courtesy diminished as positions once filled by patronage were brought into the civil service.

Another aspect of senatorial courtesy is the “hold” a senator can place on a nomination. A hold, considered a temporary delay, is possible even when a job has national significance. Usually the leadership of a senator's party will honor the hold, delaying the vote on the nomination. The senator may be waiting for written answers to questions or other information; when the information is received, the hold is released. A hold may also be used when a senator wants to pressure the administration to change its position on an issue. Like other aspects of senatorial courtesy, the hold is not always honored by a senator's colleagues. (See Holds.)