Is Mrs. Officer's Love Really Timeless? The Necessity of Revitalizing the Hidden-Maurice Durational Framework in Appointments Clause Jurisprudence

Abstract

Here for a powerful time, not a long time. This spin on the iconic Trooper lyric applies to several categories of Executive Branch officials—most prominently, special counsels and acting agency heads. But for years, the Supreme Court’s analysis of the propriety of these personnel’s appointments (and restrictions on their removal) under the U.S. Constitution’s Appointments Clause has focused almost exclusively on the former concept rather than the latter. This Article will argue that the Court’s intermittent acknowledgment of the relevance of an employee’s tenure should become a permanent consideration. More precisely, when analyzing the constitutional classification of an executive official as either a principal officer, an inferior officer, or a mere employee, the Court should revitalize its early Appointments Clause case law’s emphasis on the requirement that every officer execute “continuing and permanent” duties.