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Early Wittgenstein

Divided Argument

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Is Inherent Officers Really a Category?

One possibility is that it's a really narrow category and he pulls up a little bit on the discussion from James Madison at the, at the constitutional convention in which everybody has to fall into the category of either a superior officer or an inferior officer. Maybe what the constitution really means is everybody other than the specifically named people in the constitution ambassadors and public ministers could be inferior officers. As far as I know, this report has never actually said that federal judges are not inferior officers. But there's actually a not crazy textual and historical argument that at least lower court judges could be appointed by the president directly.

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