Legal Opinion

Nomination of Sitting Member of Congress to Be Ambassador to Vietnam

Department of Justice Office of Legal Counsel

Decided July 26, 1996Published

1Opinion of the Court

Nomination of Sitting Member of Congress to be Ambassador to Vietnam The Ineligibility Clause does not bar the nomination o f Representative Pete Peterson to be Ambassador to the Socialist Republic of Congress, provided that the President does not make the determination to create the office o f ambassador to that government until after the expiration of the term for which Representative Peterson was elected. Ju ly 26, 1996 M e m o r a n d u m O p in io n f o r t h e C o u n s e l t o t h e P r e s id e n t You have asked for our opinion as to whether the Ineligibility Clause of the…

2Cases cited12 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Buckley v. ValeoSupreme Court of the United States · 1976
  3. Immigration & Naturalization Service v. ChadhaSupreme Court of the United States · 1983
  4. Freytag v. CommissionerSupreme Court of the United States · 1991
  5. United States v. Chemical Foundation, Inc.Supreme Court of the United States · 1926

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