Steven Calabrese: Jack Smith Was Unconstitutionally AppointedPosted on June 11, 2024 Professor Steven Calabrese on Life, Liberty and Levin. “So what we’re telling the judge is that Jack Smith was unconstitutionally appointed. The Justice Department claims that he is what is called an inferior officer under the Constitution. And the Appointments Clause of Article II says that the Congress made by law, thus the appointment of such inferior officers, as they think proper and the president alone and the courts of law or in the heads of departments.”