Constitutionality of Statute Governing Appointment of United States Trade Representative: Memorandum Opinion for the Counsel to the President [July 1, 1996] [open pdf - 20KB]
"You have asked for our opinion whether 19 U.S.C. § 2171(b)(3) would bar the appointment of Ambassador (and Acting United States Trade Representative) Charlene Barshefsky to be United States Trade Representative. The provision, recently enacted as part of the Lobbying Disclosure Act of 1995, Pub. L. No. 104-65, § 21, 109 Stat. 691, 705, states that anyone 'who has directly represented, aided, or advised a foreign entity (as defined by section 207(f)(3) of Title 18) in any trade negotiation, or trade dispute, with the United States may not be appointed as United States Trade Representative.' We believe that the provision is an unconstitutional intrusion on the President's power of appointment, U.S. Const. art. II, § 2, cls. 2 & 3, and thus has no legal effect."
United States. Department of Justice: http://www.justice.gov/