380. APPOINTMENT, The Power of.—
The Constitution, having declared that the
President shall nominate and, by and with
the advice and consent of the Senate, shall
appoint ambassadors, other public ministers,
and consuls * * * has taken care to circumscribe
this [power] within very strict
limits: for it gives the nomination of the foreign
agents to the President, the appointments
to him and the Senate jointly, and the
commissioning to the President. This analysis
calls our attention to the strict import of
each term. To nominate must be to propose.
Appointment seems that act of the will which
constitutes or makes the agent, and the commission
is the public evidence of it.—
Opinion on Powers of Senate. Washington ed. vii, 465.
Ford ed., v, 161.
(1790)
