Federal Judges To Appoint U.S. Attorneys?

[Martin Belsky]

And - in Morrison, the Supreme Court determined that judges could 
appoint special prosecutors - with many of the same powers [if not all - 
see dissent] that U.S. Attorneys have!  And if I am not mistaken, many 
of the members of the ACLJ supported and made the argument about the 
power of the federal judges to appoint prosecutors.

Mark Tushnet wrote:
> 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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-- 
Martin H. Belsky
Professor of Law
University of Tulsa College of Law
3120 E. 4th Place
Tulsa, OK 74104
918-631-3199
918-631-2194 [Fax]
918-645-7837 [Cell]