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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7406
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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Can Congress delegate the power to appoint a Federal Judge

Customer Question

Can Congress delegate the power to appoint a Federal Judge for a limited term to a Federal Court (as an inferior officer but nonetheless a Federal Judge?) to;

(1) a different Federal Court (without checks and balances)
(2) the President (without advice and consent to the Senate)
(3) the heads of departments of the executive branch without any checks and balances?

See Article 2, Section 2, Paragraph 2. I do not want to pay if the answer is yes. If the answer is no, I would need a brief discussion of Article ! and Article III also. Please take your time.
Submitted: 3 years ago.
Category: Legal
Expert:  Irwin Law replied 3 years ago.

The Answer (assuming that I understand the question) is "NO". Because Congress does not appoint Federal judges in the first place. Only the President does. The U.S. Senate, confirms the appointment. The President cannot delegate that power either to Congress, , or to other Federal judges. There are Magistrates in the Federal Court system. Are those the "judges" that you are referring to? Magistrate judges are authorized by 28 U.S.C. § 631 , and they are appointed by a majority vote of the federal district judges of a particular district. BTW, if this is for a school research paper, please tell me and I will opt out for someone who can assist in such a project.

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