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.
The Constitution appears to distinguish three stages in appointments by the President with the advice and consent of the Senate. The first is the
nomination of the candidate by the President alone; the second is the assent of the Senate to the candidate’s
appointment; and the third is the final appointment and commissioning of the appointee, by the President. 1