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  1. Dictionary
    Power of appointment
    • power to select the holder of a particular job or position
    • power to decide the disposal of property, in exercise of a right conferred by the owner

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  3. Clause 2 defines the powers that the President shares with Congress, outlining the treaty-making power and the appointment power. Clause 3 expands on appointments by granting the President the power to unilaterally make temporary appointments during Senate recess.

  4. The Appointments Clause of the United States Constitution empowers the President of the United States to nominate and, with the advice and consent (confirmation) of the United States Senate, appoint public officials.

  5. Arguing that the text, structure, and history of the Appointments Clause supports the idea that Senate inaction on a presidential nomination can be construed as the Senate’s implied consent to an appointment.

  6. the President Power of appointment. The President has the power to appoint Supreme Court justices, ambassadors and other government officials. After the President appoints individuals, the Senate must confirm them. Under Article II, Section 2 of the Constitution: "The President ... shall have power, by and with the consent of the Senate, to ...

  7. While the President usually has broad appointment powers, subject to Senate approval, there are some limitations.

  8. 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 the Courts of ...

  9. To prevent the President’s recess-appointment power from nullifying the Senate’s role in the appointment process, the Constitution cabins that power in two significant ways. First, it may be exercised only in “the Recess of the Senate,” that is, the intermission between two formal legislative sessions.

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