Examples of appointment power in the following topics:
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- The appointment power of the President allows him or her to appoint and receive ambassadors around the world.
- Although the Constitution does not explicitly grant presidents the power to recognize foreign governments, it is generally accepted that they have this power as a result of their constitutional authority to "send and receive ambassadors. " This is generally known as the "appointment power" of the presidency.
- Along with naming judges, presidents appoint ambassadors and executive officers.
- These appointments require Senate confirmation.
- If Congress is not in session, presidents can make temporary appointments known as recess appointments without Senate confirmation, good until the end of the next session of Congress.
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- Some of these constitutional provisions enhance the power of the national government; others boost the power of the states.
- The legislative branch (Congress) passes bills, has broad taxing and spending power, controls the federal budget and has power to borrow money on the credit of the United States.
- It has sole power to declare, as well as to raise, support, and regulate the military.
- Congress is in charge of ratifying treaties signed by the President and gives advice and consent to presidential appointments to the federal, judiciary, and executive departments.
- He makes appointments to the federal judiciary, executive departments, and other posts with the advice and consent of the Senate, and has power to make temporary appointments during the recess of the Senate.
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- The actual motion adopted by the Senate when exercising the power is "to advise and consent," which shows how initial advice on nominations and treaties is not a formal power exercised by the Senate.
- For appointments, a majority of senators are needed to pass a motion "to advise and consent", but unless the appointment has the support of three-fifths of senators, a filibuster blocking the passage of the motion is possible.
- In the United States, advice and consent is a power of the United States Senate to be consulted on and approve treaties signed and appointments made by the President of the United States to public positions, including Cabinet secretaries, federal judges, and ambassadors .
- This power is also held by several state Senates, which are consulted on and approve various appointments made by the state's chief executive, such as some statewide officials, state departmental heads in the Governor's cabinet, and state judges (in some states).
- For appointments, a majority of senators are needed to pass a motion "to advise and consent," but unless the appointment has the support of three-fifths of senators, a filibuster blocking the passage of the motion is possible.
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- This appointment of the so-called "midnight judges" to the Supreme Court angered Democratic-Republicans, and Jefferson refused to allow the midnight judges (including William Marbury) to take office .
- Marbury sued and demanded that the Supreme Court issue a writ of mandamus (a power given by the Judiciary Act of 1789) that would compel Jefferson to accept these appointments.
- Therefore, the 1789 Judiciary Act was unconstitutional and the Supreme Court could not compel the president to accept Marbury's appointment.
- Essentially, the decision handed down by Marshall strengthened the power of the federal judiciary and permanently cemented its fundamental role in shaping both state and federal law—expanding the powers of the national government and ensuring a permanent Federalist legacy in the separation of federal powers.
- William Marbury (1762–1835) was one of the "midnight judges" appointed by United States President John Adams the day before he left office.
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- Separation of powers is a doctrine in which each of the three branches of government have defined powers independent of each other.
- Each of the three branches would have defined powers to check the powers of the other branches.
- By law, the president becomes the Commander in Chief of the Army, Navy, and Militia of several states when called into service, and has power to make treaties and appointments to office.
- Congress may terminate such appointments by impeachment, and restrict the president .
- The Parliamentary system can be contrasted with a presidential system which operates under a stricter separation of powers, whereby the executive does not form part of, nor is appointed by, the parliamentary or legislative body.
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- One of the theoretical pillars of the United States Constitution is the idea of checks and balances among the powers of the executive, legislative and judiciary branches.
- For example, while the legislative (Congress) has the power to create law, the executive (president) can veto any legislation; an act that can be overridden by Congress.
- The Supreme Court, meanwhile, has the power to invalidate as unconstitutional any law passed by the Congress.
- The president has the power to nominate candidates for Supreme Court and other federal judge positions based on the Appointments Clause of the United States Constitution.
- A recess appointment is the appointment, by the President of the United States, of a senior federal official while the U.S.
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- Senate confirmation is required for certain presidential appointments stated under the Constitution.
- United States Supreme Court Justices are appointed by the president and confirmed by the Senate.
- In theory, this procedure allows both the executive and legislative branches to have some power over the judiciary and thus check the judicial branch's power.
- Because justices serve for life, their appointments can be politically controversial if they are perceived to have been appointed to implement or serve a more partisan agenda.
- As such, an attack on or abuse of power by individuals of a single branch will not lead to tyranny or the fall of the entire government.
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- On the following day, the Senate approved the appointments en masse.
- In order for the appointments to go into effect, however, the commissions had to be delivered to those appointed.
- Many legal scholars argue that the power of judicial review in the United States predated Marbury v.
- Madison and that this case was merely the first Supreme Court case to exercise an already existing power.
- Nothing in the text of the Constitution, however, had explicitly authorized the power of judicial review prior to this monumental case.
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- The landmark decision helped define the power of the judiciary as a co-equal branch of the government, constitutionally separate from the executive and judicial branches.
- The case resulted from a petition to the Supreme Court by William Marbury who had been appointed by President John Adams as Justice of the Peace in the District of Columbia.
- Marbury was one of the "midnight judges" appointed by Adams after he'd lost the election of 1800, but prior to the actual inauguration of Thomas Jefferson.
- Marbury's appointment was not subsequently delivered to him, so he petitioned the Supreme Court to force Jefferson's Secretary of State James Madison to deliver the documents.
- The petition was therefore denied, but more importantly, the precedent for the Court's power of judicial review - not specificially enumerated in the Constitution - was established.
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- The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct:
- A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.
- The Congress shall have power to enforce this article by appropriate legislation.