ArtII.S2.C2. Alterations to the Duties of an Officer

Article II, Section 2, Clause 2:

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

Finally, Congress may increase the powers and duties of an existing office without thereby rendering it necessary that the incumbent should be again nominated and appointed.1 Such legislation does not constitute an attempt by Congress to seize the appointing power.


  1.  Jump to essay-1Shoemaker v. United States, 147 U.S. 282, 301 (1893). The Court noted that the additional duties at issue were germane to the offices. Id.