The Yale Law Journal

E. Garrett West


Congressional Power over Office Creation

E. Garrett West

This Note argues that the Constitution gives Congress exclusive authority over office creation. This exclusive power has important and surprising implications for a series of live constitutional questions, such as the constitutionality of qualifications clauses, for-cause removal provisions, and tem…


Clarifying the Employee-Officer Distinction in Appointments Clause Jurisprudence

E. Garrett West

On May 24, the D.C. Circuit sitting en banc will hear oral argument on whether Securities and Exchange Commission (SEC) administrative law judges (ALJs) count as inferior officers rather than employees for purposes of the Appointments Clause. This Essay attempts to articulate a coherent employee-off…