Simone Lawson
The role of ambassadors and their appointment is addressed in the US Constitution, specifically in Article II, Section 2, Clause 2, also known as the Appointments Clause. This clause outlines the President's power to nominate and appoint ambassadors, with the advice and consent of the Senate. The Appointments Clause also applies to other positions such as ministers, consuls, and judges of the Supreme Court. The Framers of the Constitution debated the appointment power, with Alexander Hamilton and James Madison disagreeing over whether the power to receive ambassadors was a mere example or a comprehensive list of presidential powers. The Receive Ambassadors Clause indicates that the Framers intended to make the President the sole communicator with foreign nations and their representatives.
| Characteristics | Values |
|---|---|
| Who appoints ambassadors? | The President has the power to appoint ambassadors, but must have the advice and consent of the Senate. |
| Who can be an ambassador? | An ambassador may be a career Foreign Service officer (career diplomat) or a political appointee. |
| Who do ambassadors report to? | Ambassadors report to the Secretary of State. |
| What is the "Receive Ambassadors Clause"? | The Framers of the Constitution gave the President the power to receive, but not appoint, ambassadors. This was seen as a routine, administrative function, devoid of discretionary authority. |
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What You'll Learn
The President's power to appoint ambassadors
The Appointments Clause, also known as Article II, Section 2, Clause 2, states that the President "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". This clause ensures a system of checks and balances, preventing the President from acting unilaterally in appointing ambassadors and other officials.
The Framers of the Constitution intentionally gave the President the power to appoint ambassadors, rather than Congress, to avoid a concentration of power in the legislative branch. They were concerned that Congress might fill offices with their supporters, undermining the President's control over the executive branch. By requiring the President to seek the Senate's advice and consent, the Framers created a system of shared responsibility and accountability.
Alexander Hamilton, a key figure in the drafting of the Constitution, defended this arrangement. He argued that giving the President the sole power to appoint ambassadors would mirror the abuses of power by English kings. By involving the Senate in the process, Hamilton believed there would be a "check upon a spirit of favoritism in the President".
While the President has the primary authority to appoint ambassadors, the Senate plays a crucial role in providing advice and consent. The Senate can reject nominees and must confirm appointments, ensuring a degree of oversight and balance in the process. This dynamic between the President and the Senate has been a longstanding feature of US diplomacy and continues to shape the country's approach to international relations.
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The President's power to receive ambassadors
The Framers of the Constitution chose to vest the President with this power, taking it away from the Continental Congress. They believed that allowing individual states to exchange ambassadors with foreign states would undermine the foreign relations of the United States as a whole. The Framers intended for the President to be the sole conduit of communication with foreign nations and their representatives.
The power to receive ambassadors has been interpreted as including the right to refuse to receive them, to request their recall, to dismiss them, and to determine their eligibility under US laws. This power also encompasses all foreign consular agents who may not exercise their functions in the United States without an exequatur from the President.
There has been debate over the significance of the President's power to receive ambassadors. Some, like Alexander Hamilton, have argued that it is ""more a matter of dignity than of authority", indicating that the Framers viewed it as a routine, administrative function rather than an important executive power. Others, like James Madison, have disagreed, seeing it as an example of presidential power over foreign affairs.
It is important to note that the President does not have the power to appoint ambassadors. That authority lies with the Executive Branch, which has generally taken the view that the President has the independent authority to create diplomatic offices.
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The Senate's role in appointing ambassadors
The US Constitution's Appointments Clause gives the President the power to nominate and appoint ambassadors, but this is subject to the advice and consent of the Senate. This is also referred to as Senate confirmation. The President has the power to appoint diplomatic agents of any rank, at any time, and in any place, but this is subject to the Senate's constitutional conditions.
The Appointments Clause distinguishes between officers who must be appointed with the advice and consent of the Senate, and those who may be specified by acts of Congress. The Framers of the Constitution were concerned that Congress might try to fill offices with their supporters, to the detriment of the President's control over the executive branch. The Appointments Clause, therefore, acts as a restraint on Congress and as a structural element in the separation of powers.
The Senate's role is advisory to the President's nomination, as the President is not bound to their advice. The President's power to appoint ambassadors is also not derived from or limited by an act of Congress, except when appropriations of money are necessary.
The earliest historical practices of the Republic confirm the view that foreign diplomats constitute officers whose appointment must comply with the Appointments Clause. For example, President George Washington nominated William Short to be a chargé d’affaires, which is a diplomatic role that can be undertaken in the absence of an ambassador.
The first Congresses did not create any diplomatic posts, but they did appropriate money for conducting foreign relations. This left the President with the executive power to appoint diplomats, subject to Senate confirmation.
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The Appointments Clause
The appointment of ambassadors has been a point of discussion throughout U.S. history, with figures like Alexander Hamilton and James Madison disagreeing on whether the President's power to receive ambassadors was a significant authority or a routine administrative function. Additionally, while the Executive Branch has generally maintained that the President has the inherent authority to create diplomatic offices, the specific appointment of ambassadors has typically been established through statute by Congress or via delegated authority.
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The Receive Ambassadors Clause
The Framers of the Constitution debated whether the power to receive ambassadors was a significant executive power or a simple ministerial function. Alexander Hamilton initially dismissed it as "more a matter of dignity than of authority," but later changed his view, considering it a foreign affairs power. The Receive Ambassadors Clause indicates that the Framers intended to make the President the sole conduit for communication with foreign nations and their representatives.
The power to receive ambassadors includes the right to refuse to receive them, to request their recall, to dismiss them, and to determine their eligibility under US laws. This power makes the President the sole mouthpiece of the nation in its dealings with other countries. Thomas Jefferson, in 1790, wrote: "The transaction of business with foreign nations is executive altogether... [foreign nations] are to learn what is or has been the will of the nation... and are bound to consider it as the expression of the nation."
The appointment of ambassadors has been a point of contention, with the Executive Branch maintaining that the President has the inherent authority to create diplomatic offices. However, the appointment power is subject to the advice and consent of the Senate, ensuring accountability and preventing tyranny. This separation of powers allows the President to choose appointees while holding them accountable through senatorial confirmation.
In conclusion, the Receive Ambassadors Clause grants the President the authority to receive and manage foreign diplomats, reinforcing the President's role as the primary communicator with other nations. This power is balanced by the Senate's role in confirming appointments, ensuring a system of checks and balances in the appointment process.
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Frequently asked questions
The President has the power to nominate and appoint ambassadors, subject to the advice and consent of the Senate.
The Senate has the power to reject or confirm a presidential nominee. The Senate's role is advisory, and the President is not bound to follow their advice.
The Receive Ambassadors Clause refers to the President's power to receive ambassadors and other public ministers. This includes the right to refuse to receive them, to request their recall, and to dismiss them.
The American Revolutionaries viewed the king's appointment power as an instrument of tyranny. After declaring independence, several states vested appointment powers in state legislatures, leading to weaker leadership. The Framers debated and decided to vest the appointing power in the President, subject to the Senate's consent.
