[Alberta's Child]

The heart of the issue is simple. The U.S. Constitution requires every Presidential appointee other than “inferior Officers” to be confirmed by the U.S. Senate. A Federal statute cannot override the Constitution.

[1FreeAmerican]

Right - and there are no other Federal statutes that override (or attempt to override) the Constitution.

What do you think would happen if the President made an appointment for confirmation? Do you think this would go anywhere anytime soon?

[Boogieman]

Well, the statute doesn’t exempt him from the confirmation process, it simply allows him to begin serving temporarily while the process is pending.

[Defiant]

He’s not making an appointment to an office. He’s saying who can run the place temporarily in light of a resignation. As I understand it, the legal issue has been reviewed by the Supreme Court and has been found Constitutional. Have you checked to see if this is the case, or read the reasoning of the Court in its decision. Seems to make sense to me; someone has to run the place during the many months that confirmations can take.

[AndyJackson]

And the Constitution defines such positions as Judges and Ambassadors and gives Congress the discretion to determine what other positions require such confirmation.

The Congress has determined that acting appointments to fill vacancies for a limited term do not require such confirmation. It is really very clear.