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Documenting how Justice Joseph Story engaged in textual analysis to determine that the President and Vice President are most likely not officers of the United States.
Debating, among other things, how historical practice since the Founding Era should influence modern interpretation of the Commission Clause.
Rejecting contention that the President is not an officer and arguing that Founding Era evidence indicates that the President both occupies an office and is an officer.
Looking to presidential commissioning practices since the Founding Era to conclude that the President and Vice President are not officers of the United States.
Steven G. Calabresi, The Political Question of Presidential Succession, 48 Stan. L. Rev. 155 (1995).
Suggesting that presidential practice is highly unreliable as indicator of who qualifies to serve as an “officer of the United States.”
Documenting Chief Justice Marshall’s discussion in Marbury v. Madison about the distinction between the President’s power of appointment and his duty to commission officers.
Documenting the drafting history of the Commissions Clause.
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