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Is the Senate's consent a 'advice and consent'?
What is Clause 2 of the Constitution?
What does the Appointments Clause tell us about the federal government?
How does the Constitution protect against conflict?
Section 2 Powers. Clause 2 Advice and Consent. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the ...
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This clause contemplates three sequential acts for the appointment of principal officers-the nomination of the President, the advice and consent of the Senate, and the Appointment of the Official by the President. This clause applies to principal officers in contradistinction to inferior officers, whose appointment is addressed in the next portion ...
Article I, Section 6, Clause 2 (Incompatibility Clause) Article II, Section 2, Clause 2 (Inferior Officers) Article II, Section 2, Clause 3 (Recess Appointments Clause) Article II, Section 3, Clause 1 (Commissions)
Michael Gerhardt, The Federal Appointments Process: A Constitutional and Historical Analysis(2000) John O. McGinnis, The President, the Senate, the Constitution and the Confirmation Process: A Reply to Professors Strauss and Sunstein, 71 Tex. L. Rev. 633 (1993) David A. Strauss & Cass R. Sunstein, The Senate, the Constitution and the Confirmation P...
Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803) Myers v. United States, 272 U.S. 52 (1926) Buckley v. Valeo, 424 U.S. 1 (1976) Morrison v. Olson, 487 U.S. 654 (1988) Public Citizen v. U.S. Dept. of Justice, 491 U.S. 440 (1989) Weiss v. United States, 510 U.S. 163 (1994) Edmond v. United States, 520 U.S. 651 (1997)
The Appointments Clause requires that “Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States” be appointed by the President subject to the advice and consent of the Senate, although Congress may vest the appointment of “inferior” officers “in the President alone, in ...
U.S. Constitution. Article II. Section 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected, as follows:
Clause 2 Advice and Consent. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he 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 ...
The Constitution provides, in the second paragraph of Article II, Section 2, that “the President shall have Power, by and with the Advice and Consent of the Senate to make Treaties, provided two thirds of the Senators present concur.”
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he 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 ...
