"and all other Officers of the United States, whose appointments are not herein otherwise provided for"
funk at lclark.edu
Wed Dec 5 19:35:28 PST 2007
I understand the difference between principal and inferior officers. And I
understand that "other officers" generally refers to those established by
law (whether principal or inferior). BUT, the phrase in Article II
referring to "other officers ... which shall be established by law" cannot
refer to officers whose appointment is "HEREIN otherwise provided for,"
meaning provided for in the Constitution itself.
Again, what "other officers" (that is, other than Ambassadors, other public
ministers and consuls and judges of the Supreme Court) are there whose
appointment is provided for in the Constitution itself.
Lewis & Clark Law School
> -----Original Message-----
> From: marty.lederman at comcast.net [mailto:marty.lederman at comcast.net]
> Sent: Wednesday, December 05, 2007 6:31 PM
> To: William Funk; CONLAWPROF at lists.ucla.edu
> Subject: Re: "and all other Officers of the United States, whose
> appointments are not herein otherwise provided for"
> Not sure I understand the question, Bill. Article II provides that the
> President shall nominate, and by and with the advice and consent of the
> Senate, shall appoint ambassadors, other public ministers and consuls,
> judges of the Supreme Court, and all other officers of the United States,
> whose appointments are not herein otherwise provided for, and which shall
> be established by law. The Appointments Clause then goes on to say that
> Congress may vest the appointment of a subset of such officers -- inferior
> officers -- in the President alone, in the courts of law, or in the heads
> of departments.
> The listed offices, in other words -- ambassadors, other public ministers
> and consuls, and judges of the Supreme Court -- must be PAS appointments.
> All other offices "established by law" are PAS unless (i) they are
> infreior; and (ii) Congress provides for one of the three alternative
> means of appointment.
> Who are the "other officers" referred to? Those established by statute.
> "Law" -- i.e., statutes -- creates all the other, nonenumerated officers.
> Perhaps you're asking: Which federal positions established by law are
> offices (and thus must be filled in conformity with the AC), and which are
> For the answer to this question, see section II-B-1 of 20 Op. OLC 124
> -------------- Original message ----------------------
> From: "William Funk" <funk at lclark.edu>
> > 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
> > is the appointment of officers provided for?
> > Bill Funk
> > Lewis & Clark Law School
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