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.

All labels observed (4)

How this entity was disambiguated

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
appliesToOfficeType certain independent agency officials
executive branch officers
federal judicial officers where specified by statute
category United States constitutional law
citedInCase Buckley v. Valeo
Edmond v. United States
Freytag v. Commissioner
Lucia v. SEC
Morrison v. Olson
Seila Law LLC v. CFPB
United States v. Arthrex, Inc.
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
courts of law
heads of departments
distinguishesBetween inferior officers
principal officers
draftedAt Constitutional Convention in Philadelphia
ensures Senate participation in selection of principal officers
political accountability for appointments
foundIn Article II, Section 2, Clause 2 of the United States Constitution
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
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
Separation of powers in the United States
requires Presidential nomination of principal officers
Senate advice and consent for principal officers

How these facts were elicited

Referenced by (9)

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 United States Constitution appointments clause
linked to: Appointments Clause
Reception Clause distinctFrom Appointments Clause
Reception Clause relatedTo Appointments Clause
Morrison v. Olson constitutionalProvisionInterpreted Appointments Clause of Article II, Section 2, Clause 2 of the U.S. Constitution
linked to: Appointments Clause
Free Enterprise Fund v. Public Company Accounting Oversight Board constitutionalProvisionInvolved Appointments Clause of the United States Constitution
linked to: Appointments Clause
Advice and consent of the United States Senate relatedToClause Appointments Clause of the United States Constitution
linked to: Appointments Clause