Political and Public International Law › Executive Department › Powers of the President › Power of Appointment

c. Bypassed Appointments and their Effects

Exception to the Prohibition on the President and His/Her Official Family from Holding Any Other Office or Employment

If 4th degree relatives are already in office when a President assumes office, the relatives are not thereby ousted from their positions. What is prohibited is appointment or reappointment and not uninterrupted continuance in office

Confirmation and By-Passed Appointments

Causes for protesting appointment

Appointee not qualified;
Appointee is not the next-in-rank;
In the case of appointment by transfer, reinstatement, or by original appointment, that the protestant is not satisfied with the written special reason(s) given by the appointing authority.

Difference between Disapproval and By-Passed Appointments

APPOINTMENTS DISAPPROVED	BY-PASSED APPOINTMENTS
When the Commission disapproves an ad interim appointment, the President can no longer renew that appointment to the same position, inasmuch as the disapproval is a final decision in the exercise of the Commission’s checking power on the appointment authority of the President	When an ad-interim position is by-passed because of loss of time or failure of the Commission to organize, there is no final decision, the President is free to renew the ad-interim appointment.