Evening star., 1947-11-06
Senate Can 'tPre-empl
Appointive Powers on
Marshall Plan Board
Move to Submit Panel
Picked by Legislators
Must Fail Under Law
Rv David Latcrence

Efforts Of various members OF
Congress to set up a commission or
board to handle the Marshall plan,
with appointees selected from a
panel submitted by the legislative
branch Of our Government to the
Chief Executive, will not succeed.
There is a palpable objection from
. constitutional viewpoint. De-
cisions by the Supreme Court OF
the United States have not only
indicated that the power Of ap-
nointment by the President is un-
qualified but that the action OF Con-
press is limited solely to such
advice and consent" as the Senate
may choose to give.
Congress can submit panels OF
prospective appointees. So can
other groups of citizens. But the
President is under no obligation to
make his selection from those
recommended to him. The phrase
advice and consent" has never been
defined to mean that the Senate
cannot offer it's advice in advance
of an appointment. In fact, 1t has
been customary for decades for
Presidents to consult Senators from
particular States and often to ask
the opinion of entire committees
with respect to prospective ap-
pointees. This, however, has al
ways been done informally.
Advice Often Given.
There is no reason either why
Senators may not offer such advice
unsolicited by the President. Many
of them have done so since the be-
ginning of the republic. The rec
ords of history show that members
Of the Senate and House have not
been backward in offering their ad-
vice on appointments.
Any legislation, on the other hand,
which stipulates that the President
must confine his selections to a par
ticular list Of names would be un-
precedented. often Congress has
stipulated that appointees must
come from certain geographical Sec
tions or so many from each political
party or that they must hold office
for a particular term of years.
Never has Congress actually writ
ten into law the right to insist that
the names suggested by 1t shall be
considered by the President when
he makes the appointments.
Mr.. Truman would be justified in
vetoing any legislation which at
tempts irf8this way to encroach on
his appointing power. 1t is sur
prising that the idea should have
heen suggested at all, for the Senate
has full power to accomplish its OBJ
jective in another way. Both houses
or the Senate alone, can adopt
resolution declaring that 1t offers
advice" to the Chief Executive to
select from a panel offered by the
presiding officer Of the Senate. This
resolution would not compel the
President In any way 70 accept the
recommendations.
Then the Senate, OF course. could
exercise its right to refuse to con-
firm any appointees whom 1t did not
ike. In effect, this is a virtual lin
itation on the power of appointment
but it is constitutional to do it that
way. Actually it sometimes happens
that a president tries two or three
appointments to the same position
and tests out sentiment in the
Senate before making his decision
Sometimes, too, after he has made
an appointment. refusal to confirm
compels the President to find a sub
stitute who Is satisfactory to the
Senate.
Partner in Process.
To all intents and purposes, the
Senate Is a partner in the ap-
pointive process but this Is q matter