unoperative

Updated: June 10, 2025

I apprehend that the paragraphs aforesaid will be compleatly rendered unoperative by the following articles in the new constitution: Second article, second section, second clause, the president “shall have power, and by and with the advice and consent of the Senate, shall appoint embassadors, other public ministers and consuls, judges of the supreme court, and all officers of the United States where appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may by law vest the power of such inferior officers as they think proper, in the president alone, in the courts of law, or in the heads of departments.” By the 1st art., 8 section, 9, 18 clauses, Congress have power “to constitute tribunals inferior to the supreme court, to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof.”

Paul Leicester Ford - Essays on the Constitution of the United States