The Appointments Clause in Article II, Section 2, Clause 2 distinguishesThis argument is shockingly weak. Obviously the president cannot appoint themselves; only dictators do that. They are appointed by the people (or perhaps we should say the electors, not that the distinction matters here). That the president appoints all other officers of the state makes them the highest officer of the state, not not an officer of the state. This clause is clarifying both the power and confines of their higher office.
between the President and officers of the United States. Specifically, the
Appointments Clause states that the President “shall appoint
Ambassadors, other public Ministers and Consuls, Judges of the supreme
Court, and all other Officers of the United States, whose Appointments are
not herein otherwise provided for, and which shall be established by Law.”
U.S. CONST. art. II, § 2, cl. 2.
Of course what matters most is contemporaneous language. Since the court saw fit to include 310 without any counterarguments, one might be strongly inclined assume there simply aren't any worth mentioning.
•The Impeachment Clause in Article II, Section 4 separates the PresidentA better argument than the above, though of course we can note they're explicitly held to the same standards by this text.
and Vice President from the category of “civil Officers of the United
States:” “The President, Vice President and all civil Officers of the United
States, shall be removed from Office on Impeachment for, and Conviction
of, Treason, Bribery, or other high Crimes and Misdemeanors.” U.S.
CONST. art. II, § 4.
•The Commissions Clause in Article II, Section 3 specifies that theThe same weak sauce as before.
President “shall Commission all the Officers of the United States.” U.S.
CONST. art. II, § 3.
•In the Oath and Affirmation Clause of Article VI, Clause 3, the President isIt's more logical to conclude that the distinction simply isn't relevant here, the way it's relevant in the Appointments Clause and the Commissions Clause where the highest officer is granted those additional powers.
explicitly absent from the enumerated list of persons the clause requires to
take an oath to support the Constitution. The list includes “[t]he Senators
and Representatives before mentioned, and the Members of the several
State Legislatures, and all executive and judicial Officers, both of the
United States and of the several States.” US. CONST. art. VI, cl. 3.
Nevertheless this could've looked impressively persuasive if they hadn't included that bit about contemporary usage by Andrew Johnson and earlier presidents. Of course anyone with half a brain cell would immediately check up on that, but still.