The Illegal Appointment of Bill Lann Lee

Abstract:     
This paper examines the Appointments Clause and separation of powers questions surrounding the December 15, 1997 appointment of Bill Lann Lee to be "acting" Assistant Attorney General for Civil Rights. The President may appoint Assistant Attorneys General (and most officers of the United States) in only three ways: first, through nomination followed by Senate confirmation; second, through a recess appointment; and third, temporarily and under the strict guidelines of the Vacancies Act. Under the Constitution, no government officer like an Assistant Attorney General can be vested with the enormous power of the federal government without overcoming these strict constitutional and legal hurdles. The Lee "acting" appointment -- made after the Senate refused to confirm him -- violates fundamental principles of democracy and constitutional government. This paper analyzes the Constitution and the Vacancies Act, and addresses the legal claims of the Department of Justice. Finally, the paper articulates the consequences of this illegal appointment.

Note: This is a description of the article and is not the actual abstract.

Accepted Paper Series