BUCKLEY v. VALEO
1
Per Curiam
in whom the appointment power may be vested. But
the debates of the Constitutional Convention, and the
Federalist Papers, are replete with expressions of fear
that the Legislative Branch of the National Government
will aggrandize itself at the expense of the other two
branches. 6' The debates during the Convention, and the
evolution of the draft version of the Constitution, seem
to us to lend considerable support to our reading of the
language of the Appointments Clause itself.
An interim version of the draft Constitution had vested
in the Senate the authority to appoint Ambassadors,
public Ministers, and Judges of the Supreme Court, and
the language of Art. II as finally adopted is a distinct
change in this regard. We believe that it was a deliberate change made by the Framers with the intent to
deny Congress any authority itself to appoint those
who were "Officers of the United States." The debates
on the floor of the Convention reflect at least in part
the way the change came about.
On Monday, August 6, 1787, the Committee on Detail
to which had been referred the entire draft of the Constitution reported its draft to the Convention, including
the following two articles that bear on the question
before us: 167
Article IX, § 1: "The Senate of the United States
shall have power . . . to appoint Ambassadors, and
Judges of the Supreme Court."
Article X, § 2: "[The President] shall commission all
166 2 M. Farrand, The Records of the Federal Convention of 1787,
pp. 74, 76 (1911); The Federalist No. 48, pp. 308-310 (G. P. Putnam's
Sons ed. 1908) (J. Madison); The Federalist No. 71, pp. 447-448
(G. P. Putnam's Sons ed. 1908) (A. Hamilton). See generally Watson, Congress Steps Out: A Look at Congressional Control of the
Executive, 63 Calif. L. Rev. 983, 1029-1048 (1975).
167 J.
Madison, Notes of Debates in the Federal Convention of
1787, p. 385 (Ohio Univ. Press ed. 1966).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents