Appointments Clause

E721998

The Appointments Clause is a provision of the U.S. Constitution that governs how federal officers are selected, specifying the roles of the President, Senate, and, in some cases, heads of departments or courts in appointing officials.

Try in SPARQL Jump to: Surface forms Statements Referenced by

Observed surface forms (1)

Statements (45)

Predicate Object
instanceOf clause of the United States Constitution
constitutional provision
aimsTo ensure separation of powers in federal appointments
prevent unilateral appointment power
appliesTo Officers of the United States NERFINISHED
appliesToOfficeType certain independent agency officials
executive branch officers
federal judicial officers where specified by statute
category United States constitutional law
citedInCase Buckley v. Valeo NERFINISHED
Edmond v. United States NERFINISHED
Freytag v. Commissioner NERFINISHED
Lucia v. SEC NERFINISHED
Morrison v. Olson NERFINISHED
Seila Law LLC v. CFPB NERFINISHED
United States v. Arthrex, Inc. NERFINISHED
constrains Congress’s power to appoint executive and judicial officers
President’s power to appoint officers without Senate consent
country United States of America
dateOfOrigin 1787
definesRoleOf President of the United States
United States Senate NERFINISHED
courts of law
heads of departments
distinguishesBetween inferior officers
principal officers
draftedAt Constitutional Convention in Philadelphia NERFINISHED
ensures Senate participation in selection of principal officers
political accountability for appointments
foundIn Article II, Section 2, Clause 2 of the United States Constitution NERFINISHED
governs appointment of federal officers
hasTextBeginning "[The President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint..."
influencedBy British crown appointment practices
concerns about executive patronage
interpretedBy Supreme Court of the United States
language English
legalEffect invalidates appointments made contrary to its procedures
partOf Article II of the United States Constitution NERFINISHED
permits Congress to vest appointment of inferior officers in the President alone
Congress to vest appointment of inferior officers in the courts of law
Congress to vest appointment of inferior officers in the heads of departments
relatedTo Advice and Consent Clause NERFINISHED
Separation of powers in the United States
requires Presidential nomination of principal officers
Senate advice and consent for principal officers

Referenced by (3)

Full triples — surface form annotated when it differs from this entity's canonical label.

Myers v. United States legalIssue Appointments Clause
Undersecretary of Agriculture of the United States appointedUnder Appointments Clause
this entity surface form: United States Constitution appointments clause