Unqualified Ambassadors

97 Pages Posted: 19 Feb 2019 Last revised: 3 Mar 2019

See all articles by Ryan Scoville

Ryan Scoville

Marquette University - Law School

Date Written: February 13, 2019

Abstract

In making appointments to the office of ambassador, U.S. presidents often select political supporters from outside the ranks of the State Department’s professional diplomatic corps. This practice is aberrational among advanced democracies and a source of recurrent controversy in the United States, and yet its merits and significance are substantially opaque: How do political appointees compare with career diplomats in terms of credentials? Are they less effective in office? Do they serve in some countries more than others? Have any patterns evolved over time? Commentators might assume answers to these questions, but actual evidence has been in short supply. In this context, it is difficult for the public to evaluate official practice and hold accountable those who wield power under the Appointments Clause.

This Article helps to correct for the current state of affairs. Using a novel dataset based on a trove of previously unavailable documents that I obtained from the State Department through four years of requests and litigation under the Freedom of Information Act (FOIA), the Article systematically reveals the professional qualifications and campaign contributions of over 1900 ambassadorial nominees spanning the administrations of Ronald Reagan, George H.W. Bush, Bill Clinton, George W. Bush, and Barack Obama, along with the first two years of Donald Trump. In doing so, the Article substantially enhances the transparency of the appointments process and exposes developments of concern: not only are political appointees on average much less qualified than their career counterparts under a variety of congressionally approved measures, but also the gap has grown along with the size of their campaign contributions to nominating presidents, resulting in a significant number of questionable appointments to ambassadorships involving major U.S. partners. In short, it appears that campaign contributions may be generating an increasingly deleterious effect on the quality of U.S. diplomatic representation overseas. The Article concludes by exploring potential legal reforms, including Senate rule amendments and statutory measures to regulate qualifications and enhance transparency.

Keywords: Appointments Clause, Freedom of Information Act, Empirical Legal Studies, Diplomacy, Constitution

Suggested Citation

Scoville, Ryan M., Unqualified Ambassadors (February 13, 2019). Duke Law Journal, Forthcoming; Marquette Law School Legal Studies Paper No. 19-02. Available at SSRN: https://ssrn.com/abstract=3333988

Ryan M. Scoville (Contact Author)

Marquette University - Law School ( email )

Eckstein Hall
P.O. Box 1881
Milwaukee, WI 53201
United States
720-993-0197 (Phone)

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