I am getting from reading through the replies there are bits and pieces people know, but not the whole picture when it comes to appointments, who has
powers to consent to and the delegation of those powers. First, we of course go to the United State's Constitution where in Article II, Section 2 it
...by and with the Advice and Consent of the Senate, shall appoint...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.
Okay, so I am sure we all know the basics of this. An Officer of the Government needs to be appointed by the President. The key here though, is in
the same clause, there is an 'out' to which Congress can, through law, delegate the authority of appointment of "inferior" Officers. It further
states that those appointment powers can be delegated to the President himself, the Courts of Law or the Heads of the Departments.
A prime example would be a technician working for the FAA. That technician is an Officer of the United States of America. He works for the
president, under the Department of Transportation and its Secretary. But through law, Congress has declared such a position as an inferior officer
and the appointment of that technician is administered by a delegated agent under the Secretary of the Department of Transportation.
This bill, it seems is just to undo various positions that they initially put, under Law, as their responsibility to give advice and consent for
appointment. Which this bill is seeking to, in accordance of the clause quoted, will delegate those appointments to the various Department Heads and
under their regulation.
Having said that it leads to concern not because it will make the Office of the President one akin to Caesar as the title suggest; frankly it doesn't.
Rather it exposes the behemoth bureaucratic mess our government has become.
Now...I would only be scared if the bill was a precursor to an amendment to the Constitution in regards to Section II, Clause 2. Striking completely
the "...with advice and consent" from that clause would than be a real call to alarm. This though, nothing new nor even remotely scary.
U.S.C 49 is the law in which powers of officer appointment is granted by Congress to the Administrator of the Federal Administration Aviation. There
is an old adage in regards to delegation that is key though. You delegate authority, not responsibility. This is how, through the form that I signed
and was "signed" by the Administrator of my appointment of an Officer of the United States of America is legit.
may delegate, and authorize successive redelegations of,
to an officer or employee of the Administration any function,
power, or duty conferred upon the Administrator, unless such
delegation is prohibited by law;
edit on 10-5-2011 by ownbestenemy because: (no reason given)