We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
THE CHIEF JUSTICE, THE APPOINTMENT OF INFERIOR OFFICERS, AND THE "COURT OF LAW" REQUIREMENT.
- Authors
Pfander, James E.
- Abstract
In addition to his judicial duties, the Chief Justice presides over a sprawling judicial bureaucracy. Each year, the Chief fills positions within that bureaucracy, designating Article III judges to various specialty courts and appointing such officers as the director of the Administrative Office of the U.S. Courts. Although critics worry that the Chief may use his appointment role to shape Third Branch policy unduly, scholars view the role as constitutionally benign. This Article questions the Chief's role. The Constitution authorizes Congress to vest the appointment of inferior officers in the "courts of law" but not the Chief Justice. History teaches that this was a deliberate choice (to curtail the corrupting influence of patronage powers) and one to which the nation's first Chief, John Jay, scrupulously adhered. After tracing the decline of the early practice, the Article proposes the return to a court- based appointment model.
- Subjects
UNITED States; UNITED States. Supreme Court; APPOINTMENT to public office; JUDICIAL selection &; appointment; UNITED States. Constitution; COURTS; APPOINTMENT power (Government); JUDICIAL Conference of the United States; UNITED States. Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 or the FISA Amendments Act of 2008
- Publication
Northwestern University Law Review, 2013, Vol 107, Issue 3, p1125
- ISSN
0029-3571
- Publication type
Article