Marshall refers to the second article of Constitution that declares: “president shall nominate, and, by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, and all other officers of the United States, whose appointments are not otherwise provided for” (FindLaw Website n.p.) and emphasizes on the third section that claims “he shall commission all the officers of the United States”.

Marshall refers to other clauses of Constitutions that influence the case. These clauses “seem to contemplate three distinct operations: the nomination, […] the appointment [5U.S.137, 156], […] the commission” (FindLaw Website n.p.). According to Marshall, the appointment and commission cannot be considered as “one and the same” as the power to perform them is defined in two separate clauses of the Constitution. In result of explanations concerning the commission and the laws, Marshall comes to the conclusion that the applicant “had a right [for the commission] and that right has been violated”. He further dwells on the potential remedy that can be offered by the laws of his country [5U.S.137, 163].

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