MADISONCENTER FOR AMERICAN LEADERSHIP
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The Constitution,
connected.

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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 Original wording is preserved; commentary explains historical and superseded provisions.

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202 elements · 219 connections · One constitutional systemOpen the reader
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Article II, section 2, clause 2 (teaching subdivision c)

Alternative appointment of inferior officers

Current text
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.

What it means

Congress may by law place appointment of inferior officers in the President alone, courts of law, or department heads. The alternative exists only through a constitutionally permitted legal allocation.

Historical setting

A requirement of presidential nomination and Senate consent for every subordinate officer would burden administration. The clause permits practical flexibility while naming the authorities that may receive it.

What it does

Inferior officer is a constitutional category, not simply an insult or a synonym for any employee. Determining an official’s status and who may appoint them requires attention to duties, supervision, and the applicable law.

Debate & interpretation

The design balances administrative efficiency with accountability for public power. It does not authorize Congress to assign appointments to itself merely because a different arrangement would be convenient.

A common misreading

Congressional power to create an office does not automatically include power for members of Congress to appoint its holder.

Think it through

Why limit the permitted appointing authorities even when allowing a simplified process for subordinate offices?

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Sources & further reading

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

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