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U.S. president appoints senior officials with senatorial advice and consent
The Appointments Clause of the United States Constitution empowers the president of the United States to nominate and, with the advice and consent (confirmation)
Appointments_Clause
Portion of the U.S. Constitution regarding the executive branch and impeachment
The Treaty Clause grants the president the power to enter into treaties with the approval of two-thirds of the Senate. The Appointments Clause grants the
Article Two of the United States Constitution
Article_Two_of_the_United_States_Constitution
2023–24 U.S. legal and political dispute
Presidential Succession Clause of Article II, Section I, the Appointments Clause of Article II, Section II, the Commissions Clause of Article II, Section
Presidential eligibility of Donald Trump
Presidential_eligibility_of_Donald_Trump
United States term of classification
term of classification for a certain type of official. Under the Appointments Clause of the Constitution, the principal officers of the U.S., such as
Officer_of_the_United_States
Current Federal Cabinet of the United States
his cabinet to the United States Senate for confirmation under the Appointments Clause of the United States Constitution. All permanent members of the Cabinet
Second cabinet of Donald Trump
Second_cabinet_of_Donald_Trump
Appointment by the president of a federal official when the U.S. Senate is in recess
Constitution's Appointments Clause, the president is empowered to nominate, and with the advice and consent (confirmation) of the Senate, make appointments to high-level
Recess_appointment
Interpretation of the US Constitution regarding presidential power
Congress creates and structures federal offices and, under the Appointments Clause, methods of federal officials' appointment. While traditionally interpreted
Unitary_executive_theory
United States Supreme Court case on the Appointments Clause
Preventive Services Task Force does not violate the Constitution's Appointments Clause. The defendant was the Secretary of Health and Human Services, which
Kennedy v. Braidwood Management, Inc.
Kennedy_v._Braidwood_Management,_Inc.
and contractors claims Elon Musk’s role as DOGE head violates the Appointments Clause, alleging he wields significant government authority without Senate
Lawsuits involving the Department of Government Efficiency
Lawsuits_involving_the_Department_of_Government_Efficiency
Free Speech Clause Free Press Clause Free Assembly Clause Petition Clause Search and Seizure Clause Double Jeopardy Clause Due Process Clause (along with
List of clauses of the United States Constitution
List_of_clauses_of_the_United_States_Constitution
US Supreme Court justice since 2018
when the District of Columbia Circuit found that the Constitution's Appointments Clause did not prevent the Sarbanes–Oxley Act from creating a board whose
Brett_Kavanaugh
Defunct US government agency
DOGE's de facto leader, likely needing Senate confirmation under the Appointments Clause. In May 2025, Musk announced plans to pivot away from DOGE. Musk
Department of Government Efficiency
Department_of_Government_Efficiency
Constitutional body of the Congress of the Philippines
The Senate president only votes to break ties. Died in office. Appointments Clause, clause in the United States Constitution where the commission is based
Commission_on_Appointments
Head of the US Department of Justice
department head who is not given the title Secretary. Under the Appointments Clause of the United States Constitution, the officeholder is nominated
United States Attorney General
United_States_Attorney_General
2016 U.S. law and oversight board on Puerto Rico's debt crisis
appointment, performed by the President only, was consistent with the Appointments Clause. The Foraker Act of 1900 prevented the government of Puerto Rico
Puerto Rico Oversight, Management, and Economic Stability Act
Puerto_Rico_Oversight,_Management,_and_Economic_Stability_Act
2014 United States Supreme Court case
transact Senate business. The Court held that the clause allows the president to make appointments during both intra-session and inter-session recesses
NLRB_v._Noel_Canning
Political process
spent between 17 and 32-plus hours testifying. The Appointments Clause in Article II, Section 2, Clause 2 of the United States Constitution empowers the
Nomination and confirmation to the Supreme Court of the United States
Nomination_and_confirmation_to_the_Supreme_Court_of_the_United_States
National government of the United States
treaties requires the consent of two-thirds of the Senate. Article II's Appointments Clause provides that the president "shall nominate, and by and with the
Federal government of the United States
Federal_government_of_the_United_States
American lawyer (born 1971)
appoint Cordray and others under the Recess Appointments Clause. Ruemmler asserted that the appointments were valid, because the pro forma sessions were
Kathryn_Ruemmler
Head of the United States Department of the Treasury
and fifth in the U.S. presidential line of succession. Under the Appointments Clause of the United States Constitution, the officeholder is nominated
United States Secretary of the Treasury
United_States_Secretary_of_the_Treasury
Highest court of jurisdiction in the U.S
(Eighth Amendment). Article II, Section 2, Clause 2 of the United States Constitution, known as the Appointments Clause, empowers the president to nominate and
Supreme Court of the United States
Supreme_Court_of_the_United_States
1998 United States law
employee" clause may be unconstitutional when applied to principal officers such as department secretaries, because the Appointments Clause of the Constitution
Federal Vacancies Reform Act of 1998
Federal_Vacancies_Reform_Act_of_1998
service during the construction of the Panama Canal and under the Appointments Clause of the United States Constitution, but almost all tombstone vice
List of United States Navy tombstone vice admirals
List_of_United_States_Navy_tombstone_vice_admirals
Carrying out a role on an interim basis
"principal" officers under the Appointments Clause. The constitutional issue emerges because the Appointments Clause requires principal officers to be
Acting_(law)
2020 United States Supreme Court case
that appointments to the Financial Oversight and Management Board for Puerto Rico are not subject to the restrictions in the Appointments Clause of the
Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, LLC
Financial_Oversight_and_Management_Board_for_Puerto_Rico_v._Aurelius_Investment,_LLC
2010 United States Supreme Court case
constitutionality of the PCAOB under the Appointments Clause of the U.S. Constitution and the vesting clauses establishing the separation of powers. On
Free Enterprise Fund v. Public Company Accounting Oversight Board
Free_Enterprise_Fund_v._Public_Company_Accounting_Oversight_Board
2021 United States Supreme Court case
___ (2021), was a United States Supreme Court case related to the Appointments Clause of the United States Constitution as it related to patent judges
United States v. Arthrex, Inc.
United_States_v._Arthrex,_Inc.
1878 United States Supreme Court case
qualifies as an “Officer of the United States” for purposes of the Appointments Clause and a federal criminal statute prohibiting extortion by federal "officers"
United_States_v._Germaine
2023–24 U.S. legal affair
Trump, ruling that "Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution." The rationale mirrored Supreme
Federal prosecution of Donald Trump (classified documents case)
Federal_prosecution_of_Donald_Trump_(classified_documents_case)
1893 United States Supreme Court case
Supreme Court of the United States on the United States Constitution's Appointments Clause. The Court declared Congress may expand the duties of an existing
Shoemaker_v._United_States
1997 United States Supreme Court case
Guard Court of Criminal Appeals were "inferior officers" under the Appointments Clause. The court also sought out to define "inferior officers", and generally
Edmond_v._United_States
Candidate for president nominated by a political party
judicial post, subject to the advice and consent of the Senate. (See Appointments Clause, List of positions filled by presidential appointment with Senate
Presidential_nominee
2018 United States Supreme Court case
inferior officers of the United States and so are subject to the Appointments Clause and must be appointed through the President or other delegated officer
Lucia v. Securities and Exchange Commission
Lucia_v._Securities_and_Exchange_Commission
2018 United States Supreme Court case
the Appointments Clause does not impose a prohibition on an officer of the United States from serving in two roles simultaneously. Rather, the clause only
Ortiz_v._United_States
1995 United States Supreme Court case
is entitled to a decision on the merits of the question under the Appointments Clause. Ryder decision had been used to require a total invalidation of
Ryder_v._United_States
1932 United States Supreme Court case
United States v. Smith, 286 U.S. 6 (1932), was a decision of the United States Supreme Court in which the Court held that, after the United States Senate
United_States_v._Smith_(1932)
1928 United States Supreme Court case
was a decision of the United States Supreme Court concerning the Appointments Clause. The case was an action of quo warranto, on behalf of the Government
Springer v. Government of the Philippine Islands
Springer_v._Government_of_the_Philippine_Islands
2021 United States Supreme Court case
challenge the constitutionality of an agency's structure under the Appointments Clause in an internal agency administrative proceeding in order to present
Carr_v._Saul
Government official that leads the US Internal Revenue Service
the commissioner, which would be in violation of statute and the Appointments Clause. The commissioner's duties include administering, managing, conducting
Commissioner of Internal Revenue
Commissioner_of_Internal_Revenue
American overseer of audits of public companies
provision of the Sarbanes-Oxley Act establishing the PCAOB violated the "Appointments Clause" of the U.S. Constitution, since PCAOB Board members should be viewed
Public Company Accounting Oversight Board
Public_Company_Accounting_Oversight_Board
1991 United States Supreme Court case
of inferior officers of the United States for the purposes of the Appointments Clause. The case concerned the appointment method of special trial judges
Freytag_v._Commissioner
cadets or midshipmen; as "inchoate officers" appointed using the Appointments Clause of the U.S. Constitution as "inferior officers," they are recognized
Uniformed services pay grades of the United States
Uniformed_services_pay_grades_of_the_United_States
1878 United States Supreme Court case
was a decision of the United States Supreme Court concerning the Appointments Clause. Text of Mimmack v. United States, 97 U.S. 426 (1878) is available
Mimmack_v._United_States
1803 landmark U.S. Supreme Court case establishing judicial review
Democratic-Republicans. The outgoing U.S. Senate quickly confirmed Adams's appointments, but outgoing secretary of state John Marshall was unable to deliver
Marbury_v._Madison
1958 United States Supreme Court case
Wiener v. United States, 357 U.S. 349 (1958), was a decision of the United States Supreme Court in which the Court held that the President's plenary removal
Wiener_v._United_States
1856 United States Supreme Court case
United States v. Le Baron, 60 U.S. 73 (1856), was a decision of the United States Supreme Court in which the court held that an officer of the United States
United_States_v._Le_Baron
Portion of the US Constitution regarding Congress' structure and powers
the Senate. In combination with the vesting clauses of Article Two and Article Three, the Vesting Clause of Article One establishes the separation of
Article One of the United States Constitution
Article_One_of_the_United_States_Constitution
1890 United States Supreme Court case
United States Supreme Court concerning the removal power under the Appointments Clause. Text of Crenshaw v. United States, 134 U.S. 99 (1890) is available
Crenshaw_v._United_States
Clause of the Constitution of the United States
The Treaty Clause of the United States Constitution (Article II, Section 2, Clause 2) establishes the procedure for ratifying international agreements
Treaty_Clause
Case before the Supreme Court of the United States
violated the Non-delegation Doctrine, and that the ALJs violate the Appointments Clause. On appeal, the United States Court of Appeals for the D.C. Circuit
SEC_v._Jarkesy
1976 United States Supreme Court case on campaign finance
elaborated on the standard articulated in Buckley, explaining that the Appointments Clause applies to anyone holding a continuing position "to which has been
Buckley_v._Valeo
2024 U.S. Supreme Court decision on presidential immunity
dismissed the case, concluding that Smith's appointment violated the Appointments Clause of the Constitution. Trump's sentencing date for his convictions
Trump_v._United_States
2026 United States Supreme Court case
"hyper-politicization of previously independent federal agencies." Appointments Clause Civil service independence Executive aggrandizement in democratic
Trump_v._Slaughter
1935 United States Supreme Court case
anything more is left of Humphrey's, the Court overrules it". The Appointments Clause of the U.S. Constitution Tenure of Office Act (1867) Unitary executive
Humphrey's Executor v. United States
Humphrey's_Executor_v._United_States
1900 United States Supreme Court case
United States and the issuance of his commission are distinct acts. Appointments must be made as required by law and the commission cannot alter these
Quackenbush_v._United_States
Advance in rank awarded at retirement
January 1, 1960. The President can use his plenary power under the Appointments Clause of the United States Constitution to nominate any officer to be retired
Tombstone_promotion
1879 United States Supreme Court case
States Supreme Court case concerning the separation of powers and the Appointments Clause. Baltimore election officials were indicted under the Enforcement
Ex_parte_Siebold
1839 United States Supreme Court case
United States Supreme Court concerning the removal power under the Appointments Clause. Ex parte Hennen arose from a petition by Duncan N. Hennen seeking
Ex_parte_Hennen
American lawyer (born 1969)
grounds that Smith's appointment as special counsel violated the Appointments Clause of the Constitution. On July 17, with permission from the Justice
Jack_Smith_(lawyer)
Head of government of the U.S. state of Wisconsin
explicitly granted by the Wisconsin Constitution, as it is in the appointments clause of the federal constitution, with the exception of appointing judicial
Governor_of_Wisconsin
Agencies that exist outside of the federal executive departments
commissioners – the Appointments Clause of the Constitution vests that power in the president. The Senate does participate, however, in appointments through "advice
Independent agencies of the United States federal government
Independent_agencies_of_the_United_States_federal_government
1988 United States Supreme Court case
588–591. Goldsmith, Jack; Manning, John F. (2016). "The Protean Take Care Clause". University of Pennsylvania Law Review. 164 (7): 1841. Entin, Jonathan
Morrison_v._Olson
2017 United States Supreme Court case
from Congress. Justice Clarence Thomas concurred, arguing that the Appointments Clause "likely prohibited" the appointment. Justice Sonia Sotomayor, joined
NLRB_v._SW_General,_Inc.
1920 United States Supreme Court case
was a decision of the United States Supreme Court concerning the Appointments Clause. Charles A. Burnap was appointed in 1910 as a landscape architect
Burnap_v._United_States
1897 United States Supreme Court case
was a decision of the United States Supreme Court concerning the Appointments Clause. The question before the Court was whether the President had the
Parsons_v._United_States
American judge (born 1943)
administrative law judges had been appointed in violation of the Appointments Clause in the U.S. Constitution. Upon appeal, the injunction was dissolved
Richard_M._Berman
1898 United States Supreme Court case
decision of the Supreme Court of the United States involving the Appointments Clause holding that the United States Congress had the power to authorize
United_States_v._Eaton_(1898)
Procedure of officially accusing a civil officer
government are confirmed in the Senate, officers appointed under the Appointments Clause of the Constitution may also be disqualified from holding any other
Federal impeachment in the United States
Federal_impeachment_in_the_United_States
Revenue service of the U.S. federal government
Senate-confirmed IRS commissioner, in violation of statute and the Appointments Clause, and members of Congress and journalists refer to him as the "commissioner"
Internal_Revenue_Service
Judge and trier of fact
Court held that ALJs are Inferior Officers within the meaning of the Appointments Clause of the United States Constitution. This means that they must be appointed
Administrative_law_judge
2025 executive order in the United States
Buckley v. Valeo (1976) that officers of the United States under the Appointments Clause "exercis[e] significant authority pursuant to the laws of the United
Executive_Order_14290
2025 US national security scandal
authority to require him to be confirmed by the Senate under the Appointments Clause. "The record of his activities to date establishes that his role
United States government group chat leaks
United_States_government_group_chat_leaks
his Cabinet to the United States Senate for confirmation under the Appointments Clause of the United States Constitution. Before confirmation and during
Cabinet_of_Barack_Obama
1994 United States Supreme Court case
convict him because they had not been properly appointed under the Appointments Clause. The military trial judge who presided over his case was assigned
Weiss_v._United_States
Presiding officer of the United States House of Representatives
Canning that the Recess Appointments Clause of Article II, Section II does not authorize the President to make appointments while the Senate is in pro
Speaker of the United States House of Representatives
Speaker_of_the_United_States_House_of_Representatives
1867 United States Supreme Court case
to the Appointments Clause, and Hartwell's “tenure, duration, emolument, and duties” formulation is often referred to in Appointments Clause discussions
United_States_v._Hartwell
1888 United States Supreme Court case
United States v. Mouat, 124 U.S. 303 (1888), was a case before the United States Supreme Court in which the court held that only those persons appointed
United_States_v._Mouat
Judges on courts authorized by Article III of the U.S. Constitution
government agencies located within the executive branch. According to the Appointments Clause of Article Two of the U.S. Constitution, all federal judges, including
United_States_federal_judge
1986 United States Supreme Court case
influence him only by a means that is subject to Presentment Clause and Bicameralism Clause requirements, which the act satisfied, since the comptroller
Bowsher_v._Synar
Principal advisory body to the president
on January 3, 2018. Retrieved February 19, 2017. "Overview of the Appointments Clause". Legal Information Institute. Cornell Law School. Retrieved April
Cabinet_of_the_United_States
his cabinet to the United States Senate for confirmation under the Appointments Clause of the United States Constitution. Before confirmation and during
First_cabinet_of_Donald_Trump
1903 United States Supreme Court case
Supreme Court concerning the president's removal power under the Appointments Clause. Text of Shurtleff v. United States, 189 U.S. 311 (1903) is available
Shurtleff_v._United_States
than by the Secretary of Commerce (a "Head of Department" under the Appointments clause of the Constitution). This problem has since been rectified and current
Patent_Trial_and_Appeal_Board
of DOGE" and that his actions in dismantling USAID violated the Appointments Clause. In a May 21 Supreme Court filing, Solicitor General John Sauer told
Network of the Department of Government Efficiency
Network_of_the_Department_of_Government_Efficiency
by presidential appointment with Senate confirmation. Under the Appointments Clause of the United States Constitution and law of the United States, certain
List of positions filled by presidential appointment with Senate confirmation
List_of_positions_filled_by_presidential_appointment_with_Senate_confirmation
2018 1. The Appointments Clause does not impose rules about an officer of the United States serving in dual roles. Rather, the clause is concerned only
List of United States Supreme Court cases, volume 585
List_of_United_States_Supreme_Court_cases,_volume_585
2024 United States Supreme Court case
injunction Ripeness Abbott Labs Standing Lujan Separation of powers Appointments Clause Freytag Noel Canning Congressional oversight Authorization Organic
Loper Bright Enterprises v. Raimondo
Loper_Bright_Enterprises_v._Raimondo
1886 United States Supreme Court case
United States Supreme Court concerning the removal power under the Appointments Clause. The plaintiff, a cadet-engineer in the United States Navy, sought
United_States_v._Perkins
2025 criminal case in Virginia, U.S.
been unlawfully appointed in violation of 28 U.S.C. § 546 and the Appointments Clause of the U.S. Constitution. The court simultaneously dismissed the
Prosecution_of_James_Comey
1891 United States Supreme Court case
McAllister v. United States, 141 U.S. 174 (1891), was a United States Supreme Court case in which the court held that Congress may provide for the at-will
McAllister_v._United_States
United States federal law
Representation in Public Diplomacy: Ukraine, the Logan Act & the Appointments Clause." NYU Ann. Surv. Am. L. 76 (2020): 873. online Report on Conducting
Logan_Act
Official journal of the US federal government
injunction Ripeness Abbott Labs Standing Lujan Separation of powers Appointments Clause Freytag Noel Canning Congressional oversight Authorization Organic
Federal_Register
1991 United States Supreme Court case
Metropolitan Washington Airports Authority v. Citizens for Abatement of Aircraft Noise, Inc., 501 U.S. 252 (1991), was a decision of the Supreme Court
Metropolitan Washington Airports Authority v. Citizens for Abatement of Aircraft Noise, Inc.
Metropolitan_Washington_Airports_Authority_v._Citizens_for_Abatement_of_Aircraft_Noise,_Inc.
presidential appointment power granted by the Appointments Clause of the Constitution (Article II, Section 2, Clause 2). In 2025, a retired Air National Guard
Legislative history of United States four-star officers from 2017
Legislative_history_of_United_States_four-star_officers_from_2017
Government agency overseeing stock exchanges
injunction Ripeness Abbott Labs Standing Lujan Separation of powers Appointments Clause Freytag Noel Canning Congressional oversight Authorization Organic
United States Securities and Exchange Commission
United_States_Securities_and_Exchange_Commission
2020 United States Supreme Court case
characterization of Article II's Take Care Clause as conferring power to the president. Kagan wrote that to the extent the clause gives the president any power—instead
Seila Law LLC v. Consumer Financial Protection Bureau
Seila_Law_LLC_v._Consumer_Financial_Protection_Bureau
1880 United States Supreme Court case
United States Supreme Court concerning the removal power under the Appointments Clause. Justice John Marshall Harlan delivered the opinion of the Court:
Blake_v._United_States
2021 United States Supreme Court case
congressional authority in the Recovery Act of 2008, along with an "anti-injunction clause," and, thus, the lower courts should not have allowed their case to proceed
Collins_v._Yellen
Public notice
injunction Ripeness Abbott Labs Standing Lujan Separation of powers Appointments Clause Freytag Noel Canning Congressional oversight Authorization Organic
Notice_of_proposed_rulemaking
U.S. naval officer and computer scientist (1906–1992)
was instead promoted to commodore on December 15, 1983, via the Appointments Clause by President Ronald Reagan. She remained on active duty for several
Grace_Hopper
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