Tag Archives: Appointments Clause

D.C. Circuit’s Double-Header on Article II

by Jennifer Mascott — Friday, May 26, 2017@jennmascott

This week the D.C. Circuit sitting en banc heard arguments in its blockbuster (by Washington standards) double-header featuring the appointments and removal implications of Article II. In a nutshell, the cases address whether Article II’s transparency and accountability requirements mean (i) a single head of an executive branch agency must be removable at will (PHH […]

Recess Appointments Will Likely Return in 2017, by Sam Wice

by Guest Blogger — Saturday, Jan. 28, 2017

After a six-year hiatus, legally valid recess appointments will likely return in 2017. The Constitution gives “[t]he President [the] Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.” In effect, recess appointments give the President the […]

Does General Mattis Really Require a Waiver?

by Aaron Nielson — Saturday, Dec. 3, 2016@Aaron_L_Nielson

President-elect Trump has announced that he will nominate General James Mattis to serve as Secretary of Defense. This “legendary” general is talented and well-regarded, but his nomination may prompt a problem. Mattis, you see, “retired from the Marine Corps in 2013,” but federal statutory law states that “[a] person may not be appointed as Secretary […]