"and all other Officers of the United States, whoseappointments are not herein otherwise provid

[William Funk]

Paul,
The "judges of the supreme court" cannot be among the "all other Officers of
the United States, whose appointments are not herein otherwise provided
for," because they are not "other" officers.  Their appointment for is
provided for earlier in the sentence, so they are not other officers.  The
same is true for ambassadors and other public ministers and consuls.  
I agree heads of departments are assumed, but those offices are established
by law, and therefore they are grammatically excluded from the phrase "whose
appointments are not herein otherwise provided for."    
Bill Funk
Lewis & Clark Law School

> -----Original Message-----
> From: Paul Finkelman [mailto:pfink at albanylaw.edu]
> Sent: Wednesday, December 05, 2007 6:16 PM
> To: funk at lclark.edu; CONLAWPROF at lists.ucla.edu
> Subject: Re: "and all other Officers of the United States,
> whoseappointments are not herein otherwise provid
> 
> Here are a few; the "chief Justice" and "judge of the supreme court" are
> clearly mandatory from the Constitution; "heads of departments" are
> assumed
> 
> 
> Art I, Sec 4 Clause 6: The Senate shall have the sole Power to try all
> Impeachments. When sitting for that Purpose, they shall be on Oath or
> Affirmation. When the President of the United States is tried, the Chief
> Justice shall preside: And no Person shall be convicted without the
> Concurrence of two thirds of the Members present.
> 
> Art II, Sec. 2 Par. 1  "he may require the Opinion, in writing, of the
> principal Officer in each of the executive Deparments"
> He shall appoint "ambassadors and other public Ministers and COnsuls,
> Judges of the Supreme Court"
> 
> Art., III  judical power "shall be vested in one supreme Court."
> 
> Paul Finkelman
> President William McKinley Distinguished Professor of Law
>      and Public Policy
> Albany Law School
> 80 New Scotland Avenue
> Albany, New York   12208-3494
> 
> 518-445-3386
> pfink at albanylaw.edu
> >>> "William Funk" <funk at lclark.edu> 12/05/07 8:55 PM >>>
> Can anyone help me with respect to this part of Article II, Section 2,
> clause 2?  What officers does this refer to?  Where else in the
> Constitution
> is the appointment of officers provided for?
> 
> Bill Funk
> Lewis & Clark Law School
> 
> 
> 
> 
> _______________________________________________
> To post, send message to Conlawprof at lists.ucla.edu
> To subscribe, unsubscribe, change options, or get password, see
> http://lists.ucla.edu/cgi-bin/mailman/listinfo/conlawprof
> 
> Please note that messages sent to this large list cannot be viewed as
> private.  Anyone can subscribe to the list and read messages that are
> posted; people can read the Web archives; and list members can (rightly
> or wrongly) forward the messages to others.