Appointments Clause

Question 1

Officers

Answer 1

Appointed by the president with the advice and consent of the senate. Someone that acts as the President’s right arm

Question 2

Inferior Officers

Answer 2

Can be appointed by President; Dept. Heads; or Courts usually by statute (Independent Counsel). Someone that works for the President’s right arm.

Question 3

Is office or inferior office? (4 Factors for Olson)

Answer 3

1. Can(t) be fired by supervisors? Even for cause employment.
   a. Do they answer to someone?
2. Rules that govern them.
   a. Defines or doesn’t what they can or cannot do.
   b. Look at Law or Regulation for this
   c. How much discretion they have (Broad or Narrow)
3. Jurisdiction
   a. Originally defined what job is
   b. What can the office do
4. Time.
   a. Limited or not.

How to argue?

1. Say can(t) be fired
2. Much discretion on job
3. Jurisdiction is broad
4. And not limited

Question 4

Functional Approach

Answer 4

• Think how office operates (think you are the President or Congress)
• Has Congress created an office with sole function of Executive or Judiciary?
• Violations of Separation of Power/When one branch intrudes on another:
• For this approach do the 2 column why it violates separation of powers or why it does not.