| | States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.
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History has also given the nation additional statutes regarding its bureaucracy. The political context of those later statutes created a federal personnel and organizational structure of some complexity and confusion:
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| | In examining the table of organization for the federal government, it is not uncommon to find a bureau the chief of which is appointed by the president juxtaposed to another bureau of similar size and responsibility where the chief is appointed by a department head. Nor is it uncommon to find a pair of similar offices, both filled by presidential appointment but only one of which requires confirmation by the Senate. (Macy et al. 1983, 4)
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While later reforms standardized most of the position titles, resulting in relative uniformity across the agencies, considerable complexity still exists. The designation of executive level (EL) remains the clearest indication of place at the top of the political federal hierarchy.
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As the constitutional language makes clear, the appointment process is a shared and two-step process: the president nominates and the Senate confirms PAS executives. However, there is relatively little to counter the aspirations of the president, as the Senate, while a significant partner with the president in the appointment process, has often been a silent one. In general, it withholds its consent ''only in those rare cases when serious questions have arisen about the competence, integrity, policy views, or freedom from bias of a particular candidate for appointment" (ibid., 5).
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From the beginning of the Republic, presidents, having few alternate sources and limited time and staff resources, relied on political allies close to them, such as members of Congress, personal acquaintances, or party leaders for suggestions for appointments.
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| | Not surprisingly, this made for some odd bedfellows. Presidents in the 19th and 20th centuries often presided over cabinets and administrations in which comity and cooperation were scarce commodities. Because the selection of their appointees had followed from no consensual definition of a presidential philosophy or approach to government management, appointees were often ill-suited to that task. And because they realized that
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