Federal Judges To Appoint U.S. Attorneys?

[Mark Tushnet]

Art. II, sec. 2, second paragraph, concluding phrase:  "but the Congress
may by Law vest the Appointment of such inferior Officers, as they think
proper, in the President alone, in the Courts of Law, or in the Heads of
Departments."

 

Mark Tushnet

William Nelson Cromwell Professor of Law

223 Areeda Hall

Harvard Law School

Cambridge, MA  02138

ph:  617-496-4451 (office); 202-374-9571 (mobile); 617-496-4866 (fax)

________________________________

From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of JMHACLJ at aol.com
Sent: Tuesday, March 20, 2007 4:19 PM
To: conlawprof at lists.ucla.edu
Subject: Federal Judges To Appoint U.S. Attorneys?

 

The Associated Press reports the following:

 

"The bill, which has yet to be considered in the House, would set a
120-day deadline for the administration to appoint an interim
prosecutor. If the interim appointment is not confirmed by the Senate in
that time, a permanent replacement would be named by a federal district
judge"

 

I pulled out my trust copy of the Constitution.  It has a sheen of wear
on it, the kind of sheen that I suspect can't be found on the copy owned
by whoever is giving federal judges the authority to appoint U.S.
Attorneys.  Is there a reasoned justification for judicial appointment
of federal executive officers?

 

Jim Henderson

Senior Counsel

American Center for Law and Justice

Adjunct Professor

Regent University School of Law





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