Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/394

 386 which might vary the right to appoint in such cases. In one age the appointment might be most proper in the president; and in another age, in a department.

§ 1530. In the practical course of the government, there does not seem to have been any exact line drawn, who are, and who are not, to be deemed inferior officers in the sense of the constitution, whose appointment does not necessarily require the concurrence of the senate. In many cases of appointments, congress have required the concurrence of the senate, where, perhaps, it might not be easy to say, that it was required by the constitution. The power of congress has been exerted