Marbury v. Madison · ¶30

Some point of time must be taken when the power of the executive over an officer, not removeable at his will, must cease. That point of time must be when the constitutional power of appointment has been exercised. And this power has been exercised when the last act, required from the person possessing the power, has been performed. This last act is the signature of the commission. This idea seems to have prevailed with the legislature, when the act passed, converting the department of foreign affairs into the department of state. By that act it is enacted, that the secretary of state shall keep that seal of the United States, and shall make out and re- " cord, and shall affix the said seal to all civil commissions “ to officers of the United States, to be appointed by the “ President:" "Provided that the said seal shall not be af- “ fixed to any commission, before the same shall have…

U. S. Reports, bound volume
U. S. Reports, volume 5, at 137 (Library of Congress) · transcription: Caselaw Access Project
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