Is Fitzgerald's Appointment As Special Counsel A Close Constitutional Question?
Posted on Sun Jun 10, 2007 at 11:25:04 AM EST
Tags: (all tags)
Somewhat lost in the pleasure that Judge Walton's now famous footnote has provided, is the question of whether law professors make a credible argument that Fitzgerald's appointment runs afoul of the Appointments Clause of the Constitution. The law professors argue:
The dispositive Constitutional question then is whether the Office of Special Counsel to which Mr. Fitzgerald was appointed is inferior office within the meaning of the Appointments Clause.
If it is not an "inferior" office, all agree, then it is subject to Presidential appointment and Senate confirmation. But there is more to it than that. Patrick Fitzgerald was a duly appointed and confirmed U.S. Attorney. Does that matter? Not only does it matter, it decides the case imo. Let's explore these issues on the flip.
|< The GOP Talking Points on Libby Debunked, By WaPo No Less | Extremists? The Tale of the Two Joes >|