Ivanka Trump, I believe, has joined Officers of the United States Within the Meaning of the Appointments Clause (emphasis added):
A position to which is delegated by legal authority a portion of the sovereign powers of the federal government and that is “continuing” is a federal office subject to the Constitution’s Appointments Clause. A person who would hold such a position must be properly made an “Officer of the United States” by being appointed pursuant to the procedures specified in the Appointments Clause. — April 16, 2007, MEMORANDUM OPINION FOR THE GENERAL COUNSELS OF THE EXECUTIVE BRANCH
Recently in Politico, Annie Karni wrote “Ivanka Trump, who moved to Washington saying she would play no formal role in her father’s administration, is now officially setting up shop in the White House.”
Now (or soon) with security clearance, sophisticated federal communications gear and West Wing office space, “Ivanka” (like Steve Bannon to whom these descriptions also apply) can be characterized
As the Supreme Court explained in Buckley:
We think that the term “Officers of the United States” as used in Art. II, defined to include “all persons who can be said to hold an office under the government,” is a term intended to have substantive meaning. We think its fair import is that any appointee exercising significant authority pursuant to the laws of the United States is an “Officer of the United States,” and must, therefore, be appointed in the manner prescribed by § 2, cl. 2, of that Article.
Alexander Hamilton put itThe Federalist No. 76, [1 April 1788] that the Appointments Clause is the check against "unfit characters" & "family connection" explaining the Senate-approval requirement (said “co-operation of the Senate”):
“would be an excellent check upon a spirit of favoritism in the President, and would tend greatly to preventing the appointment of unfit characters from State prejudice, from family connection, from personal attachment, or from a view to popularity.” — The Federalist No. 76, at 456 (Alexander Hamilton) (Clinton Rossiter ed., 1961).
Hamilton previously The Federalist No. 681 wrote “we may safely pronounce, that the true test of a good government is its aptitude and tendency to produce a good administration.”
Gorsuch refuses to tell his views on Appointments, Emoluments, or much else. Therefore, Maybe nothing (Video 3-23-17 Senate floor speech Senator Schumer Says Democrats Will Filibuster Gorsuch Nomination)
The complaint Citizens for Responsibility and Ethics (CREW) v. Donald J. Trump (@CREWcrew) is in Southern District of New York filed by GUPTA WESSLER PLLC attorneys vigorously backed by Laurence Tribe, Erwin Chemerinsky, Zephyr Teachout, Norman Eisen (CREW co-founder, US Amb.'11-'14, Obama EthicsCzar'09-'11), Richard Painter (CREW Vice Pres., Bush EthicsCzar'05-'07), Noah Bookbinder, Case 1:17-cv-00458 Document 1 Filed 01/23/17 says in part:
...[...]... the “Foreign Emoluments Clause,” date back as far as 1651, ...[also]... a direct result of Defendant’s purposeful refusal to acknowledge that he is submerged in conflicts of interest and his purposeful refusal to take precautions necessary to avoid those conflicts, Defendant is now committing and is poised to continue to commit many violations of the Foreign Emoluments Clause — some documented, and others not yet apparent due to the complex and secretive nature of Defendant’s business holdings — during the opening moments of his presidency and continually thereafter. ...[...]…
...[...]... CREW also has taken the positions that Defendant, through the conduct described more fully in paragraphs 25-49 herein, is violating or will violate the Foreign Emoluments Clause, and that no proposed plan announced by Defendant or his attorneys can make this conduct constitutional or otherwise remedy these constitutional violations.
Trump's reply to CREW v. Trump is due April 21.
recommends:
The Emoluments Clause: Its Text, Meaning, and Application to Donald J. Trump
Improper Commands from President Trump's Employees?
Donald Trump may have violated the Constitution, Harvard doctoral candidate says