In this way, the Constitution contemplates multiple appointers, each of whom may choose to appoint in multiple ways.
Because appointers have discretion as to when their appointments vest and because the Constitution permits multiple appointers, there is the potential for uncertainty as to when someone became an officer.
Of course federal appointers might choose to promulgate no such rules, leading to confusion about when its appointments vest.
one concludes that Congress may specify how and when an appointment vests--that conclusion would not detract from the claim that the Constitution itself cedes discretion to appointers about how and when to make appointments.
If the ultimate goal is appointing someone to office and not to mount a defense of the discretion that the Constitution implicitly confers upon appointers, the President likely will swallow and accept whatever minor constraints the Senate might impose.
Instead, the appointer has flexibility in deciding the means and methods of appointment.
It also addresses constitutional restrictions on the general rule of appointer discretion.
Because the Constitution never dictates how or when an appointment is made, an appointment vests however and whenever the appointer decides that it should vest.
The general rule of appointer discretion is subject to its own set of constraints.
A more persuasive and substantively relevant reason to include elected officials among the appointers of members to the nominating commission is that elected public officials, theoretically, are accountable to the public.
Aside from law school deans and/or bar association leaders (categories themselves which are not uncontroversial), consensus regarding non-elected appointers is hard to achieve.
Finally, drafting constitutional language becomes extremely challenging in the arena of non-elected appointers.
Instead, there must be an effort to have more appointers be Philadelphians, to ensure a role for minorities in appointing members to and serving on the nominating commission, and to minimize the role of government officials from outside the City.