"and all other Officers of the United States, whose appointments are not herein otherwise provided for"

[William Funk]

Marty,
Agreed, but what other officers ARE "herein otherwise provided for"?  That's
my question.  It's not the Ambassadors etc. and supreme court judges,
because they aren't "other officers."  
In an off-list communication, one person suggested that it could only be the
President and Vice President.
Bill Funk
Lewis & Clark Law School

> -----Original Message-----
> From: marty.lederman at comcast.net [mailto:marty.lederman at comcast.net]
> Sent: Wednesday, December 05, 2007 7:55 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"
> 
> I think I might see where the confusion lies (lay?).  A missing word --
> "not":
> 
> The "shall be established by law" phrase does modify the "all other
> officers of the United States" phrase -- because the appointments of those
> "other officers "are *not* herein otherwise provided for."
> 
> 
>  -------------- Original message ----------------------
> From: "William Funk" <funk at lclark.edu>
> > Marty,
> > 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.
> > Bill Funk
> > 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
> > > not?
> > >
> > > For the answer to this question, see section II-B-1 of 20 Op. OLC 124
> > > (1996)
> > >
> > >
> > >  -------------- 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
> > > Constitution
> > > > is the appointment of officers provided for?
> > > >
> > > > Bill Funk
> > > > Lewis & Clark Law School
> > > >
> > > >
> > > >
> > > >
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