Power of appointment

“ I cannot subscribe to the opinion, delivered by some gentlemen, that the executive in its nature implies the power to appoint the officers of government. Why does it imply it? The appointment of officers depends upon the qualities that are necessary for forming a judgment on the merits of men; and the displacing of them, instead of including the idea of what is necessary for an executive officer, includes the idea necessary for a judicial one; therefore it cannot exist, in the nature of things, that an executive power is either to appoint or displace the officers of government. ”

“ It will be agreed on all hands, that the power of appointment, in ordinary cases, ought to be modified in one of three ways. It ought either to be vested in a single man, or in a select assembly of a moderate number; or in a single man, with the concurrence of such an assembly. The exercise of it by the people at large will be readily admitted to be impracticable ”

“ While some general expressions will be found in the decisions tending to support the government's contention, the rule is well established that to constitute an officer de facto it is not a necessary prerequisite that there shall have been an attempted exercise of competent or prima facie power of appointment or election. ”

“ The circumstances of the body authorized to make the permanent appointments would, of course, have governed the modification of a power which related to the temporary appointments; and as the National Senate is the body, whose situation is alone contemplated in the Clause upon which the suggestion under examination has been founded, the vacancies to which it alludes can only be deemed to respect those officers in whose appointment that body has a concurrent agency with the President. ”

“ The principle that the greater the concentration of the appointing power, the greater will be the sense of individual responsibility for every appointment made, makes this result of a Senate of ninety members not wholly unfortunate. ”

“ And by this clause they possess the chief of the executive power; they are, in effect, to form treaties, which are to be the law of the land; and they have obviously, in effect, the appointment of all the officers of the United States. The President may nominate, but they have a negative upon his nomination, till he has exhausted the number of those he wishes to be appointed. He will be obliged, finally, to acquiesce in the appointment of those whom the Senate shall nominate, or else no appointment will take place. ”

“ The president nominates to the senate, and with its "advice and consent," appoints all the officers of the government, with the exception of those whose appointment congress has authority to vest, by law, in the heads of departments, or in the courts of justice. ”

“ Each Governour or President of a State shall hold his office until a successor be actually appointed, unless he die, or resign or be removed from office by conviction on impeachment. There shall be no appointment of such Governor or President in the Recess of the Senate. ”

“ As one third is, or may be, changed every two years, the case is highly improbable; and still more rarely can the fact of the appointment operate upon the minds of any considerable number of the senators. What possible operation could it have upon the judgment of a man of reasonable intelligence and integrity, that he had assented to the appointment of any individual, of whom he ordinarily could have little, or no personal knowledge, and in whose appointment he had concurred upon the judgment and recommendation of others? ”

“ This went one step further, and declared, that no member should be appointed to an office which had been created with or without his concurrence, before or after he was a member. Whenever a man accepted an office which he was reasonably expected to hold, for a definite term, he should continue to hold it for that entire period, unless some very strong reason existed to the contrary, and which had not existed prior to his appointment. ”

“ The invariable rule in appointments should have reference to the honesty, fidelity, and capacity of the appointees, giving to the party in power those places where harmony and vigor of administration require its policy to be represented, but permitting all others to be filled by persons selected with sole reference to the efficiency of the public service, and the right of all citizens to share in the honor of rendering faithful service to the country. ”

“ Further, indeed, than this, if a member of the Cabinet should die or resign during the term of any parliament his successor must, upon his appointment, return to his individual constituency and be re-elected, so that the opinion of the people may be taken upon the general policy of the Cabinet and upon his own special fitness for his appointment. ”

“ The Chief Executive may, when a public servant is on leave of absence pending relinquishment of his office, appoint substantively another person to the same office.
(2) When 2 or more persons are holding the same office by reason of an appointment made under subsection (1) the person last appointed to the office shall, for the purposes of any function conferred upon the holder of that office, be deemed to be the holder of that office. ”

“ There is a class of government positions which are not within the letter of the civil-service statute, but which are so disconnected with the policy of an administration that the removal therefrom of present incumbents, in my opinion, should not be made during the terms for which they were appointed, solely on partisan grounds, and for the purpose of putting in their places those who are in political accord with the appointing power. ”

“ With due, but by no means large, allowance for exceptions, the incumbents are chosen from among a self-selected body of candidates, each of whom has, in the common run of cases, been resolutely in pursuit of such an office for some appreciable time, and has spent much time and endeavour on fitting himself for its duties. Commonly it is only after the aspirant has achieved a settled reputation for eligibility and a predilection for the office that he will finally secure an appointment. ”

“ If on my own independent investigation, I found that recommendations for appointment made to me by the organization leaders named the best possible men, I should naturally prefer, other things being equal, to appoint them, as the men pointed out by the combined counsels of the party. ”

“ If the executive required, that every person, appointed to an office, should himself take means to procure his commission, the appointment would not be the less valid on that account. The appointment is the sole act of the president; the transmission of the commission is the sole act of the officer, to whom that duty is assigned, and may be accelerated, or retarded by circumstances, which can have no influence on the appointment. A commission is transmitted to a person already appointed ”

“ I regard that as the best system, therefore, in which an appointing officer or body, sincerely desirous of making appointments for merit only, is perfectly free to make such appointments in any way that seems proper; and as only the second-best system that in which the appointing power, unwilling to make appointments for merit, is forced to do so, as far as may be, by the supervision and control of a body created for the purpose. ”

“ To hold, exercise, and enjoy, the said appointment, with all powers, authorities, and emoluments, to the same incident and belonging, or in any wise appertaining—you conforming, in every instance, to the act of our said Assembly, under which you are appointed. ”

“ I am to add that, in accordance with the suggestion of the three Principal Trustees, made with reference to various changes in the duties of this office, recommended by the Royal Commission in 1850, Her Majesty has been pleased to direct that your appointment shall be made subject to any change in the duties or emoluments of the office which Parliament may think fit to make. ”

“ No deputy or senator, however, can accept an appointment for any mission, commission, or command mentioned in Nos. 1 and 2 of the preceding paragraph, without the consent of the chamber to which he belongs, when such acceptance would prevent the exercise of his legislative duties, except in case of war or such as involve the honor or integrity of the nation. Article 24. No deputy or senator can be president or form part of a directory of any bank, company, or enterprise which enjoys the favors of the Federal Government defined in and by law. ”

“ If the executive be appointed, as has been determined, by the legislature, he will probably be appointed, either by joint ballot of both houses, or be nominated by the first and appointed by the second branch. ”

“ The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproval by the Commission on Appointments or until the next adjournment of Congress. ”

“ If the judges are appointed at short intervals, either by the legislative, or the executive department, they will naturally, and, indeed, almost necessarily, become mere dependents upon the appointing power. If they have any desire to obtain, or to hold office, they will at all times evince a desire to follow, and obey the will of the predominant power in the state. ”

“ And be it enacted, that in Case any of the said Deputies hereby nominated, shall happen to die, or to resign his or their Appointment, the President or Commander in Chief with the Advice of the Privy Council, in the Recess of the General Assembly, is hereby authorized to supply such Vacancies
All and singular which Premises by the Tenor of these Presents, I have caused to be Exemplified. ”

“ If the majority of the administrative officials who are now elected were made appointive, responsibility for their conduct in office could be concentrated upon the chief executive officer appointing them. ”

“ For this purpose, permit me to call your attention to the manner in which the President, Senate and House of Representatives are proposed to be appointed. The President is to be chosen by electors, nominated in such manner as the legislature of each State may direct; so that if there is no legislature there can be no electors, and consequently the office of President cannot be supplied. ”