s,
* * *"[281] For recent decades the continued vitality of the practice
is attested by such names as Colonel House, late Norman H. Davis, who
filled the role of "ambassador at large" for a succession of
administrations of both parties, and Professor Philip Jessup, Mr.
Averell Harriman, and other "ambassadors at large" of the Truman
administration.

How is this practice to be squared with the express words of the
Constitution? Apparently, by stressing the fact that such appointments
or designations are ordinarily merely temporary and for special tasks,
and hence do not fulfill the tests of "office" in the strict sense.
(_See_ p. 445). In the same way the not infrequent practice of
Presidents of appointing Members of Congress as commissioners to
negotiate treaties and agreements with foreign governments may be
regularized, notwithstanding the provision of article I, section 6,
clause 2 of the Constitution, which provides that "no Senator or
Representative shall, * * *, be appointed to any civil Office under the
Authority of the United States, which shall have been created," during
his term; and no officer of the United States, "shall be a Member of
either House during his Continuance in Office."[282] The Treaty of Peace
with Spain, the treaty to settle the Behring Sea controversy, the treaty
establishing the boundary line between Canada and Alaska, were
negotiated by commissions containing Senators and Representatives.

CONGRESSIONAL REGULATION OF OFFICES

That the Constitution distinguishes between the creation of an office
and appointment thereto for the generality of national offices has never
been questioned. The former is _by law_, and takes place by virtue of
Congress's power to pass all laws necessary and proper for carrying into
execution the powers which the Constitution confers upon the government
of the United States and its departments and officers. As incidental to
the establishment of an office Congress has also the power to determine
the qualifications of the officer, and in so-doing necessarily limits
the range of choice of the appointing power. First and last, it has laid
down a great variety of qualifications, depending on citizenship,
residence, professional attainments, occupational experience, age, race,
property, sound habits, and so on. It has required that appointees be
representative of a political party, of an industry, of a geographic
region, or of a particular branch of the Government. It