Reading Room Document
Whether U.S. Attorneys Are Inferior Officers Under the Appointments Clause
This document discusses the question of whether U.S. Attorneys are considered inferior officers under the Constitution, and if Congress could allow their appointment by the Attorney General. The conclusion reached is that U.S. Attorneys can be considered inferior officers, as the Attorney General has the authority to direct them in the discharge of their duties. The document presents a review of the constitutional provision regarding the appointment of inferior officers and raises the question of whether U.S. Attorneys fall under this category, as well as the historical context and interpretation of the term "inferior officer."
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit