Total run time:
47m
Creating the Executive branch was a difficult task for the Founders. They knew they didn’t want a king but what powers did a President and his staff rightfully need to execute and uphold the law? Episodes in this unit cover topics related to specific Presidential responsibilities and powers, as well as questions about who qualifies as an “Officer of the United States,” and the balance of power between the Executive and Legislative branches.
Is it possible to have officers of the United States selected in a merit-based way?
Professor Jennifer Mascott explores the tension between two competing ideas about who is an ‘officer of the United States’ under the Appointments Clause of the
...
Is it possible to have officers of the United States selected in a merit-based way?
Professor Jennifer Mascott explores the tension between two competing ideas about who is an ‘officer of the United States’ under the Appointments Clause of the US Constitution. Should officers be selected via political appointment, or via a merit-based process?
Merit-based hiring system started with the Pendleton Act, in the late 1800s, and over time there have been greater numbers of civil servants hired as ‘independent experts’ in a non-partisan fashion, not as political appointees selected by the President.
The Constitutional question comes to a head today: How many merit-based criteria can be used in political appointments before the appointment no longer qualifies as a constitutional appointment?
Jennifer Mascott is an Assistant Professor of Law at the Antonin Scalia Law School. Professor Mascott writes in the areas of administrative and constitutional law.
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
These videos were filmed when Jennifer Mascott was a professor at George Mason University's Antonin Scalia Law School. Her views are entirely her own.
Subscribe to the series’ playlist:
https://www.youtube.com/playlist?list=PLWwcngsYgoUVuiVj2TkrPolK5t6jD4PKa
Total run time:
47m
Course:
Total videos:
16
Difficulty:
First Year
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