Nomination

Nomination ( Executive Establishment and Treaties)

The Constitution appears to distinguish three stages in appointments by the President with the advice and consent of the Senate. The first is the “nomination” of the candidate by the President alone; the second is the assent of the Senate to the candidate's “appointment;” and the third is the final appointment and commissioning of the appointee, by the President.1

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References

This text about Nomination is based on “The Constitution of the United States of America: Analysis and Interpretation”, published by the U.S. Government Printing Office.

Notes

[Footnote 1] Marbury v. Madison, 5 U.S. (1 Cr.) 137, 155-56 (1803) (Chief Justice Marshall). Marshall's statement that the appointment “is the act of the President,” conflicts with the more generally held and sensible view that when an appointment is made with its consent, the Senate shares the appointing power. 3 J. STORY, COMMENTARIES ON THE CONSTITUTION OF THE UNITED STATES 1525 (1833); In re Hennen, 38 U.S. (13 Pet.) 230, 259 (1839).