MADISONCENTER FOR AMERICAN LEADERSHIP
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The constitutional text

Article II · Section 2

Select any highlighted phrase to understand what it means.

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session

Source: National Constitution Center edition. Original wording is preserved; commentary explains historical and superseded provisions.

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Article II, section 2, clause 2 (teaching subdivision b)

Nomination and appointment are different steps

Current text
and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law:

What it means

The President nominates and, with Senate consent, appoints the listed ambassadors, Supreme Court judges, and other covered federal officers. The offices must also exist under constitutional or statutory authority.

Historical setting

Federalist 76 defended combining presidential choice with senatorial scrutiny to reduce favoritism and unsuitable appointments. The Senate reviews a nomination rather than taking over the President’s initial selection role.

What it does

A nomination alone does not complete the constitutionally required appointment process. The clause also distinguishes principal appointment arrangements from the optional methods for inferior officers in the following passage.

Debate & interpretation

Senate review can improve competence and public accountability but may become a vehicle for obstruction or patronage. The important structural balance is between an identifiable executive selector and an independent body able to withhold consent.

A common misreading

The Senate does not ordinarily appoint its own preferred nominee after rejecting the President’s choice.

Think it through

What should a confirmation hearing establish beyond whether senators agree with a nominee’s political views?

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Sources & further reading

Original Madison Center commentary. Explanations distinguish the text, historical context, and interpretive disagreements.

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