quote:
Trump's team is trying to say that only an appointed official who has taken an oath to uphold the Constitution can be an "officer of the United States", while elected officials who have taken an oath to uphold the Constitution cannot.

That's in line with SCOTUS jurisprudence on who is an "officer of the United States" for other purposes in the Constitution, such as for appointments, etc., is it not?

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Posted by WildTchoupitoulas

Member since Jan 2010

44071 posts

Posted on 2/8/24 at 11:49 am to Indefatigable

quote:
That's in line with SCOTUS jurisprudence on who is an "officer of the United States" for other purposes in the Constitution, such as for appointments, etc., is it not?

In Nixon v. Fitzgerald, it states:

Article II, § 1, of the Constitution provides that "[t]he executive Power shall be vested in a President of the United States. . . ." This grant of authority establishes the President as the chief constitutional officer of the Executive Branch, entrusted with supervisory and policy responsibilities of utmost discretion and sensitivity.

LINK

ETA:

The Postal Act of 1799:

“And be it further enacted, That letters and packets to and from the following officers of the United States, shall be received and conveyed by post, free of postage. Each postmaster, provided each of his letters or packets shall not exceed half an ounce in weight; each member of the Senate and House of Representatives of the Congress of the United States; the Secretary of the Senate and Clerk of House of Representatives, provided each letter or packet shall not exceed two ounces in weight, and during their actual attendance in any session of Congress, and twenty days after such session; the President of the United States; Vice President; the Secretary of the Treasury...”

LINK

This post was edited on 2/8/24 at 12:07 pm

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