Executive Power

Executive Power

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.

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6 of 16: What is the Constitutional Power of Presidential Appointments? [No. 86]

Why did the Founding Fathers split up appointment power in the Appointments Clause of the US Constitution? In 18th century England, the King had the power to both create new offices and appoint people to fill those offices. Concerned about the abuse ... Why did the Founding Fathers split up appointment power in the Appointments Clause of the US Constitution? In 18th century England, the King had the power to both create new offices and appoint people to fill those offices. Concerned about the abuse of power, the Founding Fathers gave Congress the power to create departments and offices, and the President the power to appoint people to those offices.

The Appointments Clause places important limits on both creating and appointing officers, and the people subject to the Appointments Clause requirements are known as officers of the United States.

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.

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