Also known as: officer of the united states · U.S. officer · U.S. officers · constitutional officers · federal officers
Written by attorneys · grounded in primary & secondary sources — see below
A category of federal positions whose holders exercise significant continuing authority pursuant to the laws of the United States. The positions are established by law and require appointment under the Appointments Clause. Holders include principal officers nominated by the President and confirmed by the Senate as well as inferior officers whose appointment Congress may vest elsewhere.
President Ellis nominates Oriana Oberman to serve as ambassador to a foreign nation. The Senate confirms the nomination after hearings. Oberman then exercises authority to negotiate treaties and represent the United States abroad.
President Ellis issues a commission to Onyx O'Reilly as a federal marshal. The commission authorizes O'Reilly to enforce federal laws and execute warrants. O'Reilly begins duties after taking the required oath.
The House impeaches Ophelia O'Brien, a federal district judge, for bribery. The Senate convicts O'Brien after trial. O'Brien is removed from office under the constitutional standard for civil officers.
Select any source to read its text and confirm it supports the definition.
Congress creates the Federal Election Commission and vests appointment of its members in the President with Senate confirmation. Oskar Ocampo serves as a commissioner and exercises rulemaking and enforcement powers over campaign finance. The Supreme Court confirms that such commissioners qualify as officers whose selection must follow the Appointments Clause.
President Adams signs a commission for Oscar Ortiz as a justice of the peace in the District of Columbia. The Secretary of State fails to deliver the commission before the new administration takes office. Ortiz sues to compel delivery, establishing that the position constitutes an office of the United States once the appointment process is complete.
Federal narcotics agents search Olga O'Neill's apartment without a warrant and seize evidence. O'Neill sues the agents for damages arising from the Fourth Amendment violation. The suit proceeds against the individual officers who hold positions exercising federal authority.
Positions qualify when they are established by law and involve the exercise of significant continuing authority to enforce federal law or bind the government. The Supreme Court has applied this test to administrative law judges and special prosecutors with ongoing duties.
Principal officers must be nominated by the President and confirmed by the Senate. Inferior officers may have their appointment vested by Congress in the President alone, the courts, or heads of departments.
No. Any position that qualifies as an Officer of the United States must be filled through one of the methods authorized by the Appointments Clause. Attempts to vest appointment power outside those methods violate separation of powers.
…President shall nominate and by and with the advice and consent of the Senate shall appoint officers and shall commission all officers of the United States. An act of Congress directs the Secretary of State to keep the seal and to make out and record and affix the seal to civil commissions after they shall have been signed by the…