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- Title
THE SENATE VS. THE LAW: CHALLENGING QUALIFICATION STATUTES THROUGH SENATE CONFIRMATION.
- Authors
Nachmany, Eli
- Abstract
The article examines the nature and legal effect of qualification statutes, arguing that the President and Senate can disregard them and constitutional for Congress to impose prequalifications on executive appointments. It mentions history of the practice and various views on the back-and forth between Congress and the President as it relates to the Appointments Clause. It also mentions special focus on the education requirement for the question of judicial review.
- Subjects
APPOINTMENT power (Government); APPOINTMENT to public office; EXECUTIVE power; JUDICIAL review; CONSTITUTIONAL law
- Publication
Harvard Journal of Law & Public Policy, 2020, Vol 43, Issue 2, p575
- ISSN
0193-4872
- Publication type
Article