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What Is the Constitutional Power of Presidential Appointments?

Why did the Founding Fathers split up appointment power in the Appointments Clause of the US Constitution? In 18th century England, the King had the power to both create new offices and appoint people to fill those offices. Concerned about the abuse of power, the Founding Fathers gave Congress the power to create departments and offices, and the President the power to appoint people to those offices. The Appointments Clause places important limits on both creating and appointing officers, and the people subject to the Appointments Clause requirements are known as officers of the United States. https://youtube.com/watch?v=NTAf4reQONQ

Transcript

At the time of the drafting of the Constitution, you can see actually as far back as the Declaration of Independence itself, the drafters of the Declaration of Independence, signers of the Declaration of Independence, one of the abuses they were concerned about is they refer to the King sending swarms of officers to harass them, to harass the founding era colonists. The idea and the concern was that the King at the time had the power to both create new offices and appoint people to fill those offices. The founders split up the appointment power and essentially gave Congress, the legislators, the power to create administrative agencies, executive departments, to create and establish by law officer positions. So, it wouldn't just be one person creating or deciding there needed to be a new position, but Congress would have to do that through the challenging procedures of legislation. And then the Appointments Clause limits when Congress creates an office, how Congress can establish that office to be filled. The people who were subject to the Appointments Clause requirements are known as officers of the United States. So, that's a specific phrase and to really know how far the Appointments Clause applies, everybody who falls within its reach we have to know who an officer of the United States is. Obviously, heads of departments would be considered officers. Clerks of court have been found by the Supreme Court to be officers. Postmaster generals have been found, so officials within post offices have been considered officers. Quite honestly, people as far down in the past as clerks, people called clerks in the past in administrative agencies have been labeled officers by the federal courts. The other thing that's specific in the Appointments Clause is that Congress has given specific instructions about the limited number of people who can pick officers. The President ah with the Senate consent, the President alone, department heads, or courts of law. So, you know you have to interpret and figure out who all those different actors are.

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