I am happy to pass along this guest post from Professor Seth Barrett Tillman, which concerns how best to understand Alexander Hamilton's analysis in Federalist No. 77. This topic is once again very timely in light of the ongoing litigation over the President's removal power. And, once again, Tillman offers a correction to scholars who misread Hamilton. Make sure you read till the end.
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As readers of this blog will know, there is a long-standing debate about the scope of the President's and Senate's appointment and removal powers. That debate has been shaped by the language of the Appointments Clause (referring to the Senate's "advice and consent" power), ratification era debates, including Hamilton's Federalist No. 77, debates in the First Congress, and, of course, subsequent executive branch practice, legislation, judicial decisions, and commentary.
