Reading Room Document

The proposed appointment of a member of Congress to be an Assistant to the President

The document consists of two separate communications. The first part discusses the negotiations of a treaty and emphasizes that there were no secret agreements or understandings beyond what is stated in the treaty and exchange of notes. The conclusion reached is that the Senate gave its advice and consent to the treaty with the explicit understanding that there are no secret agreements modifying the treaty. The second part addresses the constitutional provision prohibiting members of Congress from being appointed to civil office. The document presents a detailed analysis of whether appointing a member of Congress as an Assistant to the President would violate this provision, concluding that it may not violate the provision if the position is not considered a "civil office" within the meaning of the constitutional language. The document also presents a strong case for the proposition that the position may not be considered a "civil office." The questions presented for review include whether the position of Assistant to the President is considered a "civil office" and whether the appointee would occupy a position authorized under specific sections of the law.

December 9, 1969