Filling Judicial Vacancies and Strengthening the Separation of Powers Through the Appointments Clause: A Legislative Proposal
1 GEORGETOWN J. L. & PUB. POL’Y 227 (2003)
Article II, Section 2, clause 2 of the Constitution makes a distinction between principal officers of the United States, who may serve only with the advice and consent of the Senate, and “inferior” officers of the United States, who may, as Congress thinks proper, serve by appointment of the President alone, the Courts of Law, or the Heads of Departments. This article examines whether Congress had the constitutional authority to determine that federal judges subordinate to higher federal courts are “inferior” officers who may be appointed by their superiors in the judicial branch.
