See Alexander Keyssar, The Right to Vote: The Contested History of Democracy in the United States 15, 23-24 (2000). The Supreme Court held that the Texas districting plan, relying on equal population, was constitutional. Back in 1787, the United States was much smaller and predominantly agrarian. . Id. Unresolved by the latter was the question whether the President, absent a provision expressly delimiting his authority in the statute creating an agency endowed with quasi-judicial functions, remained competent to remove members serving thereon. In upholding the Presidential Recordings and Materials Preservation Act, which directed the government to take custody of former President Nixon’s records so that they could be screened, catalogued, and processed by professional archivists in GSA, the Court viewed the assertion of privilege as directed only to the facial validity of the requirement of screening by executive branch professionals, and not at all related to the possible public disclosure of some of the records. It was “to say, that if, and whenever, the President shall, by and with the advice and consent of the Senate, appoint an envoy extraordinary and minister plenipotentiary to Great Britain, or to Sweden, the compensation of that minister shall be so much and no more.”519. Willoughby, for example, writes: “In fact, however, there have been few (the writer is not certain that there has been any) instances in which a treaty inconsistent with a prior act of Congress has been given full force and effect as law in this country without the assent of Congress. Cumulatively, in 1989, the United States was a party to 890 treaties and 5,117 executive agreements. In brief, the fact that all the foreign relations power is vested in the National Government and that no formal restriction is imposed on the treaty-making power in the international context398 leaves little room for the notion of a limited treaty-making power with regard to the reserved rights of the states or in regard to the choice of matters concerning which the Federal Government may treat with other nations; protected individual rights appear to be sheltered by specific constitutional guarantees from the domestic effects of treaties, and the separation of powers at the federal level may require legislative action to give municipal effect to international agreements. On the 30th March, 1795, in the recess of the Senate, by letters patent under the great broad seal of the United States, and the signature of their President, (that President being George Washington,) countersigned by the Secretary of State, David Humphreys was appointed commissioner plenipotentiary for negotiating a treaty of peace with Algiers. [9], The Appointments Clause distinguishes between officers of the United States who must be appointed with the advice and consent of the Senate; and inferior officers specified by acts of Congress, some of whom may be appointed with the advice and consent of the Senate, but whose appointment Congress may place instead in the President alone, in the Courts of Law, or in the Heads of Departments. In due course, Humphrey sued for salary. . The Freytag Court sought to harmonize its analysis with the interpretation given the different term "executive Departments" in the Opinion Clause (which has been interpreted to refer only to Cabinet departments) and with earlier cases that suggested that only the Cabinet Secretaries qualified as "Heads of Departments." Inasmuch, it was argued, as these offices had never been established by law, no vacancy existed to which the President could constitutionally make a recess appointment. Congress vested in the Attorney General the power to conduct the criminal litigation of the Federal Government,583 and it further authorized him to appoint subordinate officers to assist him in the discharge of his duties.584 Pursuant to presidential direction, the Attorney General designated a Watergate Special Prosecutor with broad power to investigate and prosecute offenses arising out of the Watergate break-in, the 1972 presidential election, and allegations involving the President, members of the White House staff, or presidential appointees. Article I, Section 2 gives the House of Representatives the sole power of impeachment, but Article II, Section 4 specifies the criteria for impeachment: “Treason, Bribery, or other high Crimes and Misdemeanors.” During the debate over the impeachment, there was much commentary as to what constituted “high Crimes and Misdemeanors,” and whether this restricted the ability of the House to act. The formal documents effectuating the result are set out in 9 Weekly Comp. Act in the hands of an officer who is subject to removal only by itself, Congress in effect has retained control over the execution of the Act and has intruded into the executive function.” Id. . Other reservations have been expressed. Following years in which claims of executive privilege were resolved in primarily interbranch disputes on the basis of the political strengths of the parties, the issue finally became subject to judicial elaboration. 1. The interest in preserving confidentiality is weighty indeed and entitled to great respect. Elsewhere, the state legislatures chose Confederation Congress delegates. By an act passed in 1876, it prohibited “all executive officers or employees of the United States not appointed by the President, with the advice and consent of the Senate, . at 1664–69. Congressional redistricting plans with a deviation of less than one percent have been deemed unconstitutional under Article I, Section 2. Nevertheless, these direct elections were a significant milestone in the development of democracy. Public disclosure was at issue in 2004 when the Court weighed a claim of executive privilege asserted as a bar to discovery orders for information disclosing the identities of individuals who served on an energy task force chaired by the Vice President.628 Although the case was remanded on narrow technical grounds, the Court distinguished United States v. Nixon,629 and, in instructing the appeals court on how to proceed, emphasized the importance of confidentiality for advice tendered the President.630. . Res. While state legislative districts are generally presumed to be constitutional if their total deviation from population equality is less than ten percent, the Court has rejected even the tiniest departures from population equality in drawing U.S. House districts. 1, 55 and 56], said Chief Justice Gibson, “[w]e are satisfied . That is, no matter what any Congress and President enact into law, the fact that each house of Congress sets its own rules will ALWAYS trump any law (because a provision in the Constitution always trumps a statute).

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