대통령의 공무원 임명에 대한 의회의 견제 ― 미국 헌법상 공무원 임명권 조항을 중심으로―

Article Ⅱ of the U. S. Constitution prescribes the president as head of the executive branch, giving him the executive power. In order to enable him to exercise this power, it grants him the power to appoint major officers. A president who chooses executive officers and has authority over them can be held responsible for their action. But U. S. Constitution limits presidential appointment power in several ways. First, presidential nominees for most major officers must be confirmed by the Senate. Also, Congress by statute can require Senate approval for appointment to them. Second, Congress can vest the appointment of inferior officers in the president, the courts, or the heads of executive departments. Although there are congressional restrictions on presidential appointment power, legal qualifications for offices that require the advice and consent of the Senate are unconstitutional. The Senate's confirmation in presidential appointments is functioned as a safeguard against an abusive exercise of presidential appointment power. Legal qualifications for confirmation in all presidential appointments can decrease political accountability. On the other hand, in presidential appointments that do not require the Senate's advice and consent, legal qualifications can be good substitutes for the Senates' confirmation as a reasonable check on presidential appointment power. The discussion on the Appointments Clause in the U. S. Constitution gives suggestions to the presidential appointment process in the current Korean Constitution.