Legal Opinion
Officers of the United States Within the Meaning of the Appointments Clause
Department of Justice Office of Legal Counsel
Decided April 16, 2007Published
1Opinion of the Court
Officers of the United States Within the Meaning of the Appointments Clause A position to which is delegated by legal authority a portion of the sovereign powers of the federal government and that is “continuing” is a federal office subject to the Constitution’s Appointments Clause. A person who would hold such a position must be properly made an “Officer[] of the United States” by being appointed pursuant to the procedures specified in the Appointments Clause. April 16, 2007 MEMORANDUM OPINION FOR THE GENERAL COUNSELS OF THE EXECUTIVE BRANCH I. The Safeguards of the Appointments Clause…
2Cases cited62 opinions
- Payton v. New YorkSupreme Court of the United States · 1980
- Marbury v. MadisonSupreme Court of the United States · 1803
- Buckley v. ValeoSupreme Court of the United States · 1976
- United States v. Di ReSupreme Court of the United States · 1948
- Vermont Agency of Natural Resources v. United States Ex Rel. StevensSupreme Court of the United States · 2000
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