Tillman, Seth Barrett (2021) Offices and Officers of the Constitution, Part 1: An Introduction. Law Journal Library, 61. pp. 309-319.
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Abstract
In this Essay, we introduce our planned ten-part series that provides the
first comprehensive examination of the offices and officers of the
Constitution. This series will explain the original public meaning of twelve
clauses of the Constitution that refer to six categories of offices and officers.
First, the phrase "Officers of the United States" refers to appointed positions
in the Executive and Judicial Branches. Second, the phrase "Office ... under
the United States" refers to appointed positions in the Executive and Judicial
Branches and also includes non-apex appointed positions in the Legislative
Branch. Third, the phrase "Office under the Authority of the United States"
includes all "Office[s] . . . under the United States," and extends further to
include a broader category of irregular positions. Fourth, the phrase "Officer"
of "the Government of the United States" refers to the presiding officers
identified in the Constitution. Fifth, the word "Officer," as used in the
Succession Clause, refers to those who hold "Office . . . under the United
States" and those who are "Officer[s]" of "the Government of the United
States." Sixth, the phrase "Office or public Trust under the United States"
encompasses two categories of positions: "Office[s] . . . under the United
States" and "public Trusts under the United States." The former category
includes appointed positions in all three branches; the latter category includes
federal officials who are not subject to direction or supervision by a higher
federal authority in the normal course of their duties.
Item Type: | Article |
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Keywords: | Laws; regulations; rules; |
Academic Unit: | Faculty of Social Sciences > Law |
Item ID: | 18540 |
Depositing User: | Seth Tillman |
Date Deposited: | 17 May 2024 11:31 |
Journal or Publication Title: | Law Journal Library |
Publisher: | HeinOnline |
Refereed: | Yes |
Related URLs: | |
URI: | https://mu.eprints-hosting.org/id/eprint/18540 |
Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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