The Amars on Section 3, Article VI, and the Commissions Clause

 

Akhil Reed Amar & Vikram David Amar, Is the Presidential Succession Law Constitutional?, 48 Stan. L. Rev. 113 (1995):

The Article II Commission Clause confirms this reading: “[A]ll the [executive and judicial] Officers of the United States” receive a commission from the President, but federal legislators have never needed nor received such commissions to serve in the House or Senate.

Id. at 115 (footnote omitted) (brackets inserted by Amar & Amar).

It is true: Senators and Representatives do not receive commissions. But one might add: the same is true for Presidents and Vice Presidents.

And how do the Amars interpret “[A]ll”?

Asserting that Section 3 “provid[es] sanctions for violations of the Article VI Oath Clause.” Id. 117 n.28. Of course, the Article VI oath does not extend to the president, or, in my opinion, to the vice president. Indeed, the First Congress imposed the Article VI on the Vice President, but only in his capacity as President of the Senate. 

Seth Barrett Tillman, ‘The Amars on Section 3, Article VI, and the Commissions Clause,’ New Reform Club (Nov. 6, 2023, 12:42 PM), <https://reformclub.blogspot.com/2023/11/the-amars-on-section-3-article-vi-and.html>;