the president's appointment power comes from congress.
the president's appointment power comes from congress.
where does the president's appointment power come from?
congress
congress itself may not exercise the appointment power; its functions are limited to the senate's role in advice and consent, and to deciding whether to vest a direct appointment power over a given office in the president, a head of department, or the courts of law. the framers of the u.s. constitution were particularly concerned that congress might seek to exercise the appointment power and fill offices with their supporters, to the derogation of the president's control over the executive branch. the appointments clause thus functions as a restraint on congress and as an important structural element in the separation of powers. attempts by congress to circumvent the appointments clause, either by making appointments directly, or through devices such as "unilaterally appointing an incumbent to a new and distinct office" under the guise of legislating new duties for an existing office, have been rebuffed by the courts.
appointments clause
section::::opinion.:scalia's concurrence.









































justice scalia wrote an opinion concurring in the judgment, joined by chief justice roberts, thomas, and alito. while it agreed with the conclusion the court reached, the concurrence chastises the majority opinion for ensuring "that recess appointments will remain a powerful weapon in the president's arsenal... that is unfortunate, because the recess appointment power is an anachronism." scalia argues that the recess appointment power only applies to vacancies that arise "while the senate is in recess".









































section::::subsequent developments.
nlrb v. noel canning