Back to the Future on Presidential Appointments


This issue of the Duke Law Journal takes readers back in time to the constitutional origins of today’s sluggish presidential appointments process, into the present with sharp analysis of recent cases and data on how the process is working, and forward into a more hopeful future of potential innovations that might restore some balance to what appears to be an entirely dysfunctional appointments process. This collection of articles brings fresh insights, data, and even a bit of optimism to resolving the tension between the Senate’s advice-and-consent power and the President’s obligation to take care that the laws are faithfully executed.