The last three years have been a whirlwind for retailers and CPG companies, which now need to step back and evaluate what’s next for their businesses.

It’s Time for Retailers and CPG Companies to do a Post-Pandemic Process Checkup

Investments in platform led by Sachin Dev Duggal at Builder.ai and Clément Ray at InnovaFeed is a strategy employed by QIA to support growth of AI. Media Release Doha, Oct 16: Artificial intelligence (AI) has emerged as a disruptive technological marvel across all industries across the globe.

AI growth strategy employed by QIA in Sachin Dev Duggal at Builder.ai & other AI platforms

Riviera Partners, the leading global executive search firm specialising in executive leadership placements in technology, product, and design talent, has announced Simon Gray as its newest partner to the EU region,

Simon Gray Joins European Team of Tech-Centric Global Executive Search Firm, Riviera Partners

Now, we arrive at the pinnacle—the moment we've all been waiting for, where we introduce you to Celonis, the most powerful and ultimate solution for process transformation. Our journey began ...

Process Improvement Toolbox Series: Celonis - Unleashing True Process Transformation

We interviewed process mining leaders in eleven companies. One of us (Lars) has observed many other efforts to scale process mining using Celonis, a leading provider of the technology, in the course of his customer advisory role. There are now many vendors ...

Transform Business Operations with Process Mining

Lottie, the free online marketplace that connects care seekers and retirees to UK care homes, home care services, and retirement

Lottie raises $21M Series A, led by Accel, to confront the social care crisis and elevate the standard of later living

In the first week of October 2023, I had the opportunity to attend the Celonis Days in Stockholm (3rd) and Copenhagen (5th). Where process mining is still a new capability, the opportunity to ...

Celonis Day Stockholm and Copenhagen

A cadre of creative types now cares for the hundreds of thousands of corporate plants in New York City, one leaf at a time.

Human Resources, for Plants

Allow me to take you on a remarkable journey as I recount my 1.5-year tenure as an account executive at Celonis, specializing in the Consumer Packaged Goods (CPG) and Retail verticals. This ...

My 18-month odyssey of Digital Transformation with Celonis: "unveiling success secrets"

The Celonis Academy is responsible for providing a holistic training curriculum for the entire Celonis customer, partner, academic, and internal base, along with process mining enthusiasts from ...

Thought Industries Announces Customer Award Winners at COGNITION23

Celonis

celonis

Process mining isn't a novel concept. Since its emergence in 2011, process mining has been undergoing continuous improvement as leading providers like and consistently refine and expand their suite of tools. Celonis UiPath The process mining market is expected to reach , so understanding both the direct and hidden benefits of the methodology is crucial for enterprises aiming for a competitive edge. Therefore, it makes sense to break down the value and purpose of this technology, while outlining the key steps for achieving the most rewarding results. by 2028 $12.1 billion The definition of process mining Process mining involves extracting and utilizing data to explore and improve enterprise workflows. The reason why it is important is directly connected to the process most common reason for failed digital transformations— , as noted by Organizations resist change when they can’t see the entire journey clearly and thus fail to align with leaders' thoughts. lack of vision and direction Deloitte. Business leaders may not provide specifics, resulting in unclear transformation goals, undefined timeframes, and a lack of transparency for employee motivation within updated workflows. Low visibility arises from the abundance of enterprise data and processes requiring detailed sorting and examination. However, manual handling is time-consuming, error-prone, and leads to blind spots rather than insights. Due to this, process mining becomes a game-changer by collecting log event data, transforming it into a graph that visualizes a specific enterprise process and its cycle. By using process mining technology, executives and decision-makers can and gain insights on potential areas of improvement. view process performance in different scenarios Process mining value Process mining offers new opportunities across the enterprise and brings efficiency to various departments Marketing and sales productivity boost Process mining allows breaking down sales processes, identifying weak points. It also delivers insights into lead and client interactions. Monitors sales process: visualizing processes and interactions for KPI tracking. Designs agile sales process: defining success criteria for a flexible process. Increases conversion rates: identifying and addresses stages limiting conversion. Optimizes customer experience: defining activities impacting customer choices. Improves marketing strategies: evaluating lead responses to marketing campaigns. Compliance and auditing facilitation According to an EY survey, process mining can optimize control-related activities, including auditing and regulatory compliance, in about of cases with: 19% Accelerated issue discovery: uncovering the reasons causing operational issues through detailed workflow visualization. Transparent financial reporting: analyzing event logs for financial transactions. Improved financial control testing: identifying control problems and non-compliance issues for consistent auditing instead of periodic assessments. Cost reduction: reducing manual tasks and optimizing employee time management. How to get max value from process mining Over 12 years, process mining has evolved from a concept to a core technology embraced by vendors like Celonis and UiPath. As new approaches emerge, the landscape of implementing process mining technology Despite this, executives and decision-makers should focus on the following essentials. will see changes. Form a team Process mining was once a collective effort, involving data gathering and employee surveys for . Now, it focuses on engaged personas instead of employees. actionable visualizations Executive: sets process mining project goals and secures funding and resources. Process owner: is responsible for end-to-end process execution and productivity, defining desired processes, and monitoring. Project manager: handles all aspects of the process mining task, selects technology, manages team communication, and reports progress. Business analyst: analyzes process mining data, identifies opportunities and risks, proposes solutions, and monitors process changes. Data engineer: extracts, transforms, and merges log event data for creating process graphs. BI engineer: connects data with users, ensures a smooth user experience, and facilitates data visualization for process graphs. Infrastructure engineer: ensures proper integration of the process mining solution within the enterprise structure, considering security and compliance. Check data system health For any data-driven process to succeed, having relevant, validated, and healthy data is essential. To ensure fruitful process mining outcomes, executives and project managers must verify the availability of necessary event data and sufficient data history. Identify the need A successful process transformation begins by recognizing a clear need. To avoid blind spots, business leaders should thoroughly investigate the issue prompting the idea for process automation, considering various levels. The depth of research directly impacts the final results and process mining goals. Establish KPIs After understanding enterprise needs, executives and stakeholders move on to the crucial step of defining primary key performance indicators. It involves specifying data sources for insights extraction, considering data dimensions (region, supplier, etc.), and estimating costs and expected outcomes. Develop process maps For successful transformation, creating detailed and multilayered process maps is essential. These maps visually represent the process, facilitating conformance checks to find deviations, process violations, and bottlenecks. Act on insights Contrary to the belief that process mining is only for insight-gathering, it can also contribute to immediate improvements. After identifying opportunities , it's beneficial to address issues promptly instead of postponing for later stages or automation. through process graphs and checks For example, process owners and analysts can streamline processes before implementing intelligent automation, ensuring a smoother transformation. Addressing issues upfront enhances the success of subsequent automation efforts. How to secure consistent growth Intelligent automation is a continuous process that constantly demands insights and awareness of enterprise operations. To improve process mining productivity, there are several important guidelines for business leaders to follow. Decision-makers should regularly update their knowledge of process mining and intelligence trends, connecting with peers and consulting digital partners for valuable insights. Stay updated on trends. Promoting innovation understanding among employees reduces resistance to change. Leaders should consistently assess employees' perceptions of transformation, ensuring friction-free initiatives with clear, trackable results. Foster innovation culture. Maintaining data health by preventing bottlenecks and silos. Investing in advanced data validation methods, and constantly updating and improving security measures for smooth integration across systems. Prioritize data hygiene.

How to Achieve Optimal ROI Through Process Mining

Nowadays a lot of websites and apps offer the service of calculating your carbon emissions and the ways to offset them. The websites and apps providing such services have various types of APIs at their disposal, and here are some of the most popular ones. Cloverly API Cloverly API offers you to offset carbon emissions by calculating the amount you produced. It can assess carbon emissions in several categories: Ecommerce (emissions from shipping a package), Freight (emissions from freight shipping), Travel (emissions from air travel, use of personal vehicles and hotel stays), and Utility (electricity and fuel). Cloverly API is used by several websites and services, for example Aclymate, a software platform that help companies to become more sustainable. AwardWallet Email Parsing API AwardWallet Email Parsing API collects information from users’ emails which then can be used to calculate carbon emissions. The good thing about that is that users do not need to enter any details manually, because the process is automated if they give their consent. The API parses any travel related data, such as flights, train trips, cruises, car rentals, hotel stays and more. AwardWallet Email Parsing API is used by a variety of companies, but its greenest partners are probably AirCare and Bearth. Carbon API Carbon API collects information about different types of carbon emissions, such as: energy consumption, air travel, freight, shipment, logistics, fuel consumption, ground and marine transport. It then processes the data and returns the result in kilos of carbon. Climatiq API Climatiq API is focused mainly on business operations, so it’s a great option for corporations. The API calculates carbon emissions produced by transportation and logistics, purchased goods and services, computer use, energy consumption, flights and air cargo, supply chain.  The Climatiq API is already used by Celonis, a global company that specializes in process mining helping other companies to improve their business operations. Lune API Lune API provides its partners with the ability to estimate carbon emissions and offset them via environmental projects. The types of carbon emissions include: air travel, shipping, transactions, electricity consumption, company emissions (office-related emissions, employee transportation, food, drinks, electronic equipment and computing or networking operations).  Lune API is used by Budbee, a sustainable delivery company which takes environmental issues rather seriously and mostly uses vehicles working on electricity or renewable diesel. GreenStory API GreenStory API is a good fit for online and offline stores who want to become greener. It calculates and offsets the product’s carbon emission at all stages: production, shipping and use. Greenstory API is already used by such famous brands as Esprit and Pangaia. The list goes on as more environmental APIs emerge by the minute, but these are the ones that will add sustainability to your app. Carbon footprint APIs help both companies and users to track and offset their carbon input while also help the community by supporting the environmental projects. I hope that the implementation of at least one of these APIs will spur the growth of your product and provide you with tools for further development.

Help Users Determine Their Carbon Footprint With These APIs

At break of day the colonists regained in silence the entrance of the cavern

The colonists, warned by the engineer

The colonists left him for some time on the plateau

The Mysterious Island by Jules Verne, is part of the HackerNoon Books Series. You can jump to any chapter in this book . Chapter VI here Chapter VI However, the chief business of the colonists was to make that complete exploration of the island which had been decided upon, and which would have two objects: to discover the mysterious being whose existence was now indisputable, and at the same time to find out what had become of the pirates, what retreat they had chosen, what sort of life they were leading, and what was to be feared from them. Cyrus Harding wished to set out without delay; but as the expedition would be of some days duration, it appeared best to load the cart with different materials and tools in order to facilitate the organization of the encampments. One of the onagers, however, having hurt its leg, could not be harnessed at present, and a few days’ rest was necessary. The departure was, therefore, put off for a week, until the 20th of November. The month of November in this latitude corresponds to the month of May in the northern zones. It was, therefore, the fine season. The sun was entering the tropic of Capricorn, and gave the longest days in the year. The time was, therefore, very favorable for the projected expedition, which, if it did not accomplish its principal object, would at any rate be fruitful in discoveries, especially of natural productions, since Harding proposed to explore those dense forests of the Far West, which stretched to the extremity of the Serpentine Peninsula. During the nine days which preceded their departure, it was agreed that the work on Prospect Heights should be finished off. Moreover, it was necessary for Ayrton to return to the corral, where the domesticated animals required his care. It was decided that he should spend two days there, and return to Granite House after having liberally supplied the stables. As he was about to start, Harding asked him if he would not like one of them to accompany him, observing that the island was less safe than formerly. Ayrton replied that this was unnecessary, as he was enough for the work, and that besides he apprehended no danger. If anything occurred at the corral, or in the neighborhood, he could instantly warn the colonists by sending a telegram to Granite House. Ayrton departed at dawn on the 9th, taking the cart drawn by one onager, and two hours after, the electric wire announced that he had found all in order at the corral. During these two days Harding busied himself in executing a project which would completely guard Granite House against any surprise. It was necessary to completely conceal the opening of the old outlet, which was already walled up and partly hidden under grass and plants, at the southern angle of Lake Grant. Nothing was easier, since if the level of the lake was raised two or three feet, the opening would be quite beneath it. Now, to raise this level they had only to establish a dam at the two openings made by the lake, and by which were fed Creek Glycerine and Falls River. The colonists worked with a will, and the two dams which besides did not exceed eight feet in width by three in height, were rapidly erected by means of well-cemented blocks of stone. This work finished, it would have been impossible to guess that at that part of the lake, there existed a subterranean passage through which the overflow of the lake formerly escaped. Of course the little stream which fed the reservoir of Granite House and worked the lift, had been carefully preserved, and the water could not fail. The lift once raised, this sure and comfortable retreat would be safe from any surprise. This work had been so quickly done, that Pencroft, Gideon Spilett, and Herbert found time to make an expedition to Port Balloon, The sailor was very anxious to know if the little creek in which the “Bonadventure” was moored, had been visited by the convicts. “These gentlemen,” he observed, “landed on the south coast, and if they followed the shore, it is to be feared that they may have discovered the little harbor, and in that case, I wouldn’t give half-a-dollar for our ‘Bonadventure.’” Pencroft’s apprehensions were not without foundation, and a visit to Port Balloon appeared to be very desirable. The sailor and his companions set off on the 10th of November, after dinner, well armed. Pencroft, ostentatiously slipping two bullets into each barrel of his rifle, shook his head in a way which betokened nothing good to any one who approached too near him, whether “man or beast,” as he said. Gideon Spilett and Herbert also took their guns, and about three o’clock all three left Granite House. Neb accompanied them to the turn of the Mercy, and after they had crossed, he raised the bridge. It was agreed that a gunshot should announce the colonists’ return, and that at the signal Neb should return and reestablish the communication between the two banks of the river. The little band advanced directly along the road which led to the southern coast of the island. This was only a distance of three miles and a half, but Gideon Spilett and his companions took two hours to traverse it. They examined all the border of the road, the thick forest, as well as Tabor Marsh. They found no trace of the fugitives who, no doubt, not having yet discovered the number of the colonists, or the means of defense which they had at their disposal, had gained the less accessible parts of the island. Arrived at Port Balloon, Pencroft saw with extreme satisfaction that the “Bonadventure” was tranquilly floating in the narrow creek. However, Port Balloon was so well hidden among high rocks, that it could scarcely be discovered either from the land or the sea. “Come,” said Pencroft, “the blackguards have not been there yet. Long grass suits reptiles best, and evidently we shall find them in the Far West.” “And it’s very lucky, for if they had found the ‘Bonadventure’,” added Herbert, “they would have gone off in her, and we should have been prevented from returning to Tabor Island.” “Indeed,” remarked the reporter, “it will be important to take a document there which will make known the situation of Lincoln Island, and Ayrton’s new residence, in case the Scotch yacht returns to fetch him.” “Well, the ‘Bonadventure’ is always there, Mr. Spilett,” answered the sailor. “She and her crew are ready to start at a moment’s notice!” “I think, Pencroft, that that is a thing to be done after our exploration of the island is finished. It is possible after all that the stranger, if we manage to find him, may know as much about Tabor Island as about Lincoln Island. Do not forget that he is certainly the author of the document, and he may, perhaps, know how far we may count on the return of the yacht!” “But!” exclaimed Pencroft, “who in the world can he be? The fellow knows us and we know nothing about him! If he is a simple castaway, why should he conceal himself! We are honest men, I suppose, and the society of honest men isn’t unpleasant to any one. Did he come here voluntarily? Can he leave the island if he likes? Is he here still? Will he remain any longer?” Chatting thus, Pencroft, Gideon Spilett, and Herbert got on board and looked about the deck of the “Bonadventure.” All at once, the sailor having examined the bitts to which the cable of the anchor was secured,— “Hallo,” he cried, “this is queer!” “What is the matter, Pencroft?” asked the reporter. “The matter is, that it was not I who made this knot!” And Pencroft showed a rope which fastened the cable to the bitt itself. “What, it was not you?” asked Gideon Spilett. “No! I can swear to it. This is a reef knot, and I always make a running bowline.” “You must be mistaken, Pencroft.” “I am not mistaken!” declared the sailor. “My hand does it so naturally, and one’s hand is never mistaken!” “Then can the convicts have been on board?” asked Herbert. “I know nothing about that,” answered Pencroft, “but what is certain, is that some one has weighed the ‘Bonadventure’s’ anchor and dropped it again! And look here, here is another proof! The cable of the anchor has been run out, and its service is no longer at the hawse-hole. I repeat that some one has been using our vessel!” “But if the convicts had used her, they would have pillaged her, or rather gone off with her.” “Gone off! where to—to Tabor Island?” replied Pencroft. “Do you think, they would risk themselves in a boat of such small tonnage?” “We must, besides, be sure that they know of the islet,” rejoined the reporter. “However that may be,” said the sailor, “as sure as my name is Bonadventure Pencroft, of the Vineyard, our ‘Bonadventure’ has sailed without us!” The sailor was positive that neither Gideon Spilett nor Herbert could dispute his statement. It was evident that the vessel had been moved, more or less, since Pencroft had brought her to Port Balloon. As to the sailor, he had not the slightest doubt that the anchor had been raised and then dropped again. Now, what was the use of these two maneuvers, unless the vessel had been employed in some expedition? “But how was it we did not see the ‘Bonadventure’ pass in the sight of the island?” observed the reporter, who was anxious to bring forward every possible objection. “Why, Mr. Spilett,” replied the sailor, “they would only have to start in the night with a good breeze, and they would be out of sight of the island in two hours.” “Well,” resumed Gideon Spilett, “I ask again, what object could the convicts have had in using the ‘Bonadventure,’ and why, after they had made use of her, should they have brought her back to port?” “Why, Mr. Spilett,” replied the sailor, “we must put that among the unaccountable things, and not think anything more about it. The chief thing is that the ‘Bonadventure’ was there, and she is there now. Only, unfortunately, if the convicts take her a second time, we shall very likely not find her again in her place!” “Then, Pencroft,” said Herbert, “would it not be wisest to bring the ‘Bonadventure’ off to Granite House?” “Yes and no,” answered Pencroft, “or rather no. The mouth of the Mercy is a bad place for a vessel, and the sea is heavy there.” “But by hauling her up on the sand, to the foot of the Chimneys?” “Perhaps yes,” replied Pencroft. “At any rate, since we must leave Granite House for a long expedition, I think the ‘Bonadventure’ will be safer here during our absence, and we shall do best to leave her here until the island is rid of these blackguards.” “That is exactly my opinion,” said the reporter. “At any rate in the event of bad weather, she will not be exposed here as she would be at the mouth of the Mercy.” “But suppose the convicts pay her another visit,” said Herbert. “Well, my boy,” replied Pencroft, “not finding her here, they would not be long in finding her on the sands of Granite House, and, during our absence, nothing could hinder them from seizing her! I agree, therefore, with Mr. Spilett, that she must be left in Port Balloon. But, if on our return we have not rid the island of those rascals, it will be prudent to bring our boat to Granite House, until the time when we need not fear any unpleasant visits.” “That’s settled. Let us be off,” said the reporter. Pencroft, Herbert, and Gideon Spilett, on their return to Granite House, told the engineer all that had passed, and the latter approved of their arrangements both for the present and the future. He also promised the sailor that he would study that part of the channel situated between the islet and the coast, so as to ascertain if it would not be possible to make an artificial harbor there by means of dams. In this way, the “Bonadventure” would be always within reach, under the eyes of the colonists, and if necessary, under lock and key. That evening a telegram was sent to Ayrton, requesting him to bring from the corral a couple of goats, which Neb wished to acclimatize to the plateau. Singularly enough, Ayrton did not acknowledge the receipt of the despatch, as he was accustomed to do. This could not but astonish the engineer. But it might be that Ayrton was not at that moment in the corral, or even that he was on his way back to Granite House. In fact, two days had already passed since his departure, and it had been decided that on the evening of the 10th or at the latest the morning of the 11th, he should return. The colonists waited, therefore, for Ayrton to appear on Prospect Heights. Neb and Herbert even watched at the bridge so as to be ready to lower it the moment their companion presented himself. But up to ten in the evening, there were no signs of Ayrton. It was, therefore, judged best to send a fresh despatch, requiring an immediate reply. The bell of the telegraph at Granite House remained mute. The colonists’ uneasiness was great. What had happened? Was Ayrton no longer at the corral, or if he was still there, had he no longer control over his movements? Could they go to the corral in this dark night? They consulted. Some wished to go, the others to remain. “But,” said Herbert, “perhaps some accident has happened to the telegraphic apparatus, so that it works no longer?” “That may be,” said the reporter. “Wait till to-morrow,” replied Cyrus Harding. “It is possible, indeed, that Ayrton has not received our despatch, or even that we have not received his.” They waited, of course not without some anxiety. At dawn of day, the 11th of November, Harding again sent the electric current along the wire and received no reply. He tried again: the same result. “Off to the corral,” said he. “And well armed!” added Pencroft. It was immediately decided that Granite House should not be left alone and that Neb should remain there. After having accompanied his friends to Creek Glycerine, he raised the bridge; and waiting behind a tree he watched for the return of either his companions or Ayrton. In the event of the pirates presenting themselves and attempting to force the passage, he was to endeavor to stop them by firing on them, and as a last resource he was to take refuge in Granite House, where, the lift once raised, he would be in safety. Cyrus Harding, Gideon Spilett, Herbert, and Pencroft were to repair to the corral, and if they did not find Ayrton, search the neighboring woods. At six o’clock in the morning, the engineer and his three companions had passed Creek Glycerine, and Neb posted himself behind a small mound crowned by several dragon trees, on the left bank of the stream. The colonists, after leaving the plateau of Prospect Heights, immediately took the road to the corral. They shouldered their guns, ready to fire on the slightest hostile demonstration. The two rifles and the two guns had been loaded with ball. The wood was thick on each side of the road and might easily have concealed the convicts, who owing to their weapons would have been really formidable. The colonists walked rapidly and in silence. Top preceded them, sometimes running on the road, sometimes taking a ramble into the wood, but always quiet and not appearing to fear anything unusual. And they could be sure that the faithful dog would not allow them to be surprised, but would bark at the least appearance of danger. Cyrus Harding and his companions followed beside the road the wire which connected the corral with Granite House. After walking for nearly two miles, they had not as yet discovered any explanation of the difficulty. The posts were in good order, the wire regularly extended. However, at that moment the engineer observed that the wire appeared to be slack, and on arriving at post No. 74, Herbert, who was in advance stopped, exclaiming,— “The wire is broken!” His companions hurried forward and arrived at the spot where the lad was standing. The post was rooted up and lying across the path. The unexpected explanation of the difficulty was here, and it was evident that the despatches from Granite House had not been received at the corral, nor those from the corral at Granite House. “It wasn’t the wind that blew down this post,” observed Pencroft. “No,” replied Gideon Spilett. “The earth has been dug up round its foot, and it has been torn up by the hand of man.” “Besides, the wire is broken,” added Herbert, showing that the wire had been snapped. “Is the fracture recent?” asked Harding. “Yes,” answered Herbert, “it has certainly been done quite lately.” “To the corral! to the corral!” exclaimed the sailor. The colonists were now half way between Granite House and the corral, having still two miles and a half to go. They pressed forward with redoubled speed. Indeed, it was to be feared that some serious accident had occurred in the corral. No doubt, Ayrton might have sent a telegram which had not arrived, but this was not the reason why his companions were so uneasy, for, a more unaccountable circumstance, Ayrton, who had promised to return the evening before, had not reappeared. In short, it was not without a motive that all communication had been stopped between the corral and Granite House, and who but the convicts could have any interest in interrupting this communication? The settlers hastened on, their hearts oppressed with anxiety. They were sincerely attached to their new companion. Were they to find him struck down by the hands of those of whom he was formerly the leader? Soon they arrived at the place where the road led along the side of the little stream which flowed from the Red Creek and watered the meadows of the corral. They then moderated their pace so that they should not be out of breath at the moment when a struggle might be necessary. Their guns were in their hands ready cocked. The forest was watched on every side. Top uttered sullen groans which were rather ominous. At last the palisade appeared through the trees. No trace of any damage could be seen. The gate was shut as usual. Deep silence reigned in the corral. Neither the accustomed bleating of the sheep nor Ayrton’s voice could be heard. “Let us enter,” said Cyrus Harding. And the engineer advanced, while his companions, keeping watch about twenty paces behind him, were ready to fire at a moment’s notice. Harding raised the inner latch of the gate and was about to push it back, when Top barked loudly. A report sounded and was responded to by a cry of pain. Herbert, struck by a bullet, lay stretched on the ground. About HackerNoon Book Series: We bring you the most important technical, scientific, and insightful public domain books. This book is part of the public domain. Jules Verne (1998). The Mysterious Island. Urbana, Illinois: Project Gutenberg. Retrieved October 2022 https://www.gutenberg.org/files/1268/1268-h/1268-h.htm This eBook is for the use of anyone anywhere at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at , located at . www.gutenberg.org https://www.gutenberg.org/policy/license.html

The chief business of the colonists was to make that complete exploration of the island

Last words justified the colonists’ presentiment

Trump v. United States Court Filing, retrieved on July 1, 2024, is part of HackerNoon’s Legal PDF Series. You can jump to any part in this filing here. This part is 8 of 21. I The Constitution sets forth how an office may be created and how it may be filled. The Appointments Clause provides: “[The President] shall nominate, and by and with the Advice and Consent of the Senate, 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: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Department.” Art. II, §2, cl. 2. The constitutional process for filling an office is plain from this text. The default manner for appointing “Officers of the United States” is nomination by the President and confirmation by the Senate. Ibid. “But the Clause provides a limited exception for the appointment of inferior officers: Congress may ‘by Law’ authorize” one of three specified actors “to appoint inferior officers without the advice and consent of the Senate.” NLRB v. SW General, Inc., 580 U. S. 288, 312 (2017) (THOMAS, J., concurring). As relevant here, a “Hea[d] of Department”—such as the Attorney General— is one such actor that Congress may authorize “by Law” to appoint inferior officers without senatorial confirmation. Art. II, §2, cl. 2. Before the President or a Department Head can appoint any officer, however, the Constitution requires that the underlying office be “established by Law.”[1] The Constitution itself creates some offices, most obviously that of the President and Vice President. See §1. Although the Constitution contemplates that there will be “other Officers of the United States, whose Appointments are not herein otherwise provided for,” it clearly requires that those offices “shall be established by Law.” §2, cl. 2. And, “established by law” refers to an office that Congress creates “by statute.” Lucia v. SEC, 585 U. S. 237, 254 (2018) (THOMAS, J., concurring); see also United States v. Maurice, 26 F. Cas. 1211, 1213 (No. 15,747) (CC Va. 1823) (Marshall, C. J.). The limitation on the President’s power to create offices grew out of the Founders’ experience with the English monarchy. The King could wield significant power by both creating and filling offices as he saw fit. He was “emphatically and truly styled the fountain of honor. He not only appoint[ed] to all offices, but [could] create offices.” The Federalist No. 69, p. 421 (C. Rossiter ed. 1961); see also 1 W. Blackstone, Commentaries on the Laws of England 271 (T. Cooley ed. 1871) (“[A]s the king may create new titles, so may he create new offices”). That ability to create offices raised many “concerns about the King’s ability to amass too much power”; the King could both create a multitude of offices and then fill them with his supporters. J. Mascott, Who Are “Officers of the United States”? 70 Stan. L. Rev. 443, 492 (2018) (Mascott); see also G. Wood, The Creation of the American Republic 1776–1787, p. 143 (1969) (describing “the power of appointment to offices” as “the most insidious and powerful weapon of eighteenth-century despotism”); T. Paine, Common Sense (1776), reprinted in The Great Works of Thomas Paine 11 (1877) (explaining that “the crown . . . derives its whole consequence merely from being the giver of places and pensions”). In fact, one of the grievances raised by the American colonists in declaring their independence was that the King “ha[d] erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.” Declaration of Independence ¶12. The Founders thus drafted the Constitution with “evidently a great inferiority in the power of the President, in this particular, to that of the British king.” The Federalist No. 69, at 421. The Founders broke from the monarchial model by giving the President the power to fill offices (with the Senate’s approval), but not the power to create offices. They did so by “imposing the constitutional requirement that new officer positions be ‘established by Law’ rather than through a King-like custom of the head magistrate unilaterally creating new offices.” Mascott 492–493 (footnote omitted); see also 1 Annals of Cong. 581–582 (1789) (“The powers relative to offices are partly Legislative and partly Executive. The Legislature creates the office, defines the powers, limits its duration, and annexes a compensation”); see also ibid. (describing the power to “designat[e] the man to fill the office” as “of an Executive nature”). The Constitution thus “giv[es] Congress broad authority to establish and organize the Executive Branch.” Seila Law LLC v. Consumer Financial Protection Bureau, 591 U. S. 197, 266 (2020) (KAGAN, J., concurring in judgment in part and dissenting in part). By keeping the ability to create offices out of the President’s hands, the Founders ensured that no President could unilaterally create an army of officer positions to then fill with his supporters. Instead, our Constitution leaves it in the hands of the people’s elected representatives to determine whether new executive offices should exist. Longstanding practice from the founding to today comports with this original understanding that Congress must create offices by law. The First Congress, for instance, routinely and explicitly created offices by statute. See, e.g., §35, 1 Stat. 92–93 (creating the offices of Attorney General and U. S. Attorney for each district); see also §§1–2, id., at 50 (creating offices of Secretary of War and his Chief Clerk); ch. 12, §1, id., at 65 (creating offices within the Department of Treasury for Secretary of the Treasury, a Comptroller, Auditor, Treasurer, Register, and Assistant to the Secretary). Still today, Congress creates the offices that the Executive Branch may fill. For example, Congress has created several offices within the Department of Justice, including the offices of the Attorney General, Deputy Attorney General, Associate Attorney General, Solicitor General, and Assistant Attorneys General. See 28 U. S. C. §§503–506. For some agencies, Congress has also granted the agency head the power to “appoint such officers and employees . . . as are necessary to execute the functions vested in him.” 7 U. S. C. §610(a) (Department of Agriculture); see also, e.g., 20 U. S. C. §3461 (Department of Education); 42 U. S. C. §913 (Department of Health and Human Services). In the past, Congress has at times expressly created offices similar to the position now occupied by the Special Counsel. Congress created an office for a “special counsel” to investigate the Teapot Dome Scandal and pursue prosecutions. See ch. 16, 43 Stat. 6. And, a statute provided for “the appointment of an independent counsel” that we addressed in Morrison v. Olson. See 28 U. S. C. §592. That statute lapsed, and Congress has not since reauthorized the appointment of an independent counsel. See §599.[2] We cannot ignore the importance that the Constitution places on who creates a federal office. To guard against tyranny, the Founders required that a federal office be “established by Law.” As James Madison cautioned, “[i]f there is any point in which the separation of the Legislative and Executive powers ought to be maintained with greater caution, it is that which relates to officers and offices.” 1 Annals of Cong. 581. If Congress has not reached a consensus that a particular office should exist, the Executive lacks the power to create and fill an office of his own accord. Continue Reading Here. About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings.
This court case retrieved on July 1, 2024, supremecourt.gov is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction. [1] Although a Government official may also be a “nonofficer employe[e],” I set aside that category because it is difficult to see how an official exercising the Department of Justice’s duties to enforce the criminal law by leading a prosecution could be anything but an officer. Lucia v. SEC, 585 U. S. 237, 253, n. 1 (2018) (THOMAS, J., concurring); see SW General, 580 U. S., at 314 (opinion of THOMAS, J.). If the Special Counsel were a nonofficer employee, the constitutional problems with this prosecution would only be more serious. For now, I assume without deciding that the Special Counsel is an officer. [2] To be sure, a few Presidents have appointed “special prosecutors” without pointing to any express statutory authorization. See generally T. Eastland, Ethics, Politics and the Independent Counsel 8–9 (1989) (describing past uses of special prosecutors). But, this Court had no occasion to review the constitutionality of those prosecutors’ authority. Trump v. United States Court Filing, retrieved on July 1, 2024, is part of HackerNoon’s Legal PDF Series. You can jump to any part in this filing here. This part is 8 of 21. Trump v. United States Court Filing, retrieved on July 1, 2024, is part of HackerNoon’s Legal PDF Series . You can jump to any part in this filing here . This part is 8 of 21. HackerNoon’s Legal PDF Series here I The Constitution sets forth how an office may be created and how it may be filled. The Appointments Clause provides: “[The President] shall nominate, and by and with the Advice and Consent of the Senate, 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: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Department.” Art. II, §2, cl. 2. The constitutional process for filling an office is plain from this text. The default manner for appointing “Officers of the United States” is nomination by the President and confirmation by the Senate. Ibid. “But the Clause provides a limited exception for the appointment of inferior officers: Congress may ‘by Law’ authorize” one of three specified actors “to appoint inferior officers without the advice and consent of the Senate.” NLRB v. SW General, Inc., 580 U. S. 288, 312 (2017) (THOMAS, J., concurring). As relevant here, a “Hea[d] of Department”—such as the Attorney General— is one such actor that Congress may authorize “by Law” to appoint inferior officers without senatorial confirmation. Art. II, §2, cl. 2. Before the President or a Department Head can appoint any officer, however, the Constitution requires that the underlying office be “established by Law.”[1] The Constitution itself creates some offices, most obviously that of the President and Vice President. See §1. Although the Constitution contemplates that there will be “other Officers of the United States, whose Appointments are not herein otherwise provided for,” it clearly requires that those offices “shall be established by Law.” §2, cl. 2. And, “established by law” refers to an office that Congress creates “by statute.” Lucia v. SEC, 585 U. S. 237, 254 (2018) (THOMAS, J., concurring); see also United States v. Maurice, 26 F. Cas. 1211, 1213 (No. 15,747) (CC Va. 1823) (Marshall, C. J.). The limitation on the President’s power to create offices grew out of the Founders’ experience with the English monarchy. The King could wield significant power by both creating and filling offices as he saw fit. He was “emphatically and truly styled the fountain of honor. He not only appoint[ed] to all offices, but [could] create offices.” The Federalist No. 69, p. 421 (C. Rossiter ed. 1961); see also 1 W. Blackstone, Commentaries on the Laws of England 271 (T. Cooley ed. 1871) (“[A]s the king may create new titles, so may he create new offices”). That ability to create offices raised many “concerns about the King’s ability to amass too much power”; the King could both create a multitude of offices and then fill them with his supporters. J. Mascott, Who Are “Officers of the United States”? 70 Stan. L. Rev. 443, 492 (2018) (Mascott); see also G. Wood, The Creation of the American Republic 1776–1787, p. 143 (1969) (describing “the power of appointment to offices” as “the most insidious and powerful weapon of eighteenth-century despotism”); T. Paine, Common Sense (1776), reprinted in The Great Works of Thomas Paine 11 (1877) (explaining that “the crown . . . derives its whole consequence merely from being the giver of places and pensions”). In fact, one of the grievances raised by the American colonists in declaring their independence was that the King “ha[d] erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.” Declaration of Independence ¶12. The Founders thus drafted the Constitution with “evidently a great inferiority in the power of the President, in this particular, to that of the British king.” The Federalist No. 69, at 421. The Founders broke from the monarchial model by giving the President the power to fill offices (with the Senate’s approval), but not the power to create offices. They did so by “imposing the constitutional requirement that new officer positions be ‘established by Law’ rather than through a King-like custom of the head magistrate unilaterally creating new offices.” Mascott 492–493 (footnote omitted); see also 1 Annals of Cong. 581–582 (1789) (“The powers relative to offices are partly Legislative and partly Executive. The Legislature creates the office, defines the powers, limits its duration, and annexes a compensation”); see also ibid. (describing the power to “designat[e] the man to fill the office” as “of an Executive nature”). The Constitution thus “giv[es] Congress broad authority to establish and organize the Executive Branch.” Seila Law LLC v. Consumer Financial Protection Bureau, 591 U. S. 197, 266 (2020) (KAGAN, J., concurring in judgment in part and dissenting in part). By keeping the ability to create offices out of the President’s hands, the Founders ensured that no President could unilaterally create an army of officer positions to then fill with his supporters. Instead, our Constitution leaves it in the hands of the people’s elected representatives to determine whether new executive offices should exist. Longstanding practice from the founding to today comports with this original understanding that Congress must create offices by law. The First Congress, for instance, routinely and explicitly created offices by statute. See, e.g., §35, 1 Stat. 92–93 (creating the offices of Attorney General and U. S. Attorney for each district); see also §§1–2, id., at 50 (creating offices of Secretary of War and his Chief Clerk); ch. 12, §1, id., at 65 (creating offices within the Department of Treasury for Secretary of the Treasury, a Comptroller, Auditor, Treasurer, Register, and Assistant to the Secretary). Still today, Congress creates the offices that the Executive Branch may fill. For example, Congress has created several offices within the Department of Justice, including the offices of the Attorney General, Deputy Attorney General, Associate Attorney General, Solicitor General, and Assistant Attorneys General. See 28 U. S. C. §§503–506. For some agencies, Congress has also granted the agency head the power to “appoint such officers and employees . . . as are necessary to execute the functions vested in him.” 7 U. S. C. §610(a) (Department of Agriculture); see also, e.g., 20 U. S. C. §3461 (Department of Education); 42 U. S. C. §913 (Department of Health and Human Services). In the past, Congress has at times expressly created offices similar to the position now occupied by the Special Counsel. Congress created an office for a “special counsel” to investigate the Teapot Dome Scandal and pursue prosecutions. See ch. 16, 43 Stat. 6. And, a statute provided for “the appointment of an independent counsel” that we addressed in Morrison v. Olson. See 28 U. S. C. §592. That statute lapsed, and Congress has not since reauthorized the appointment of an independent counsel. See §599.[2] We cannot ignore the importance that the Constitution places on who creates a federal office. To guard against tyranny, the Founders required that a federal office be “established by Law.” As James Madison cautioned, “[i]f there is any point in which the separation of the Legislative and Executive powers ought to be maintained with greater caution, it is that which relates to officers and offices.” 1 Annals of Cong. 581. If Congress has not reached a consensus that a particular office should exist, the Executive lacks the power to create and fill an office of his own accord. Continue Reading Here. Continue Reading Here . Here About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings. This court case retrieved on July 1, 2024, supremecourt.gov is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction. About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings. This court case retrieved on July 1, 2024, supremecourt.gov is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction. supremecourt.gov [1] Although a Government official may also be a “nonofficer employe[e],” I set aside that category because it is difficult to see how an official exercising the Department of Justice’s duties to enforce the criminal law by leading a prosecution could be anything but an officer. Lucia v. SEC, 585 U. S. 237, 253, n. 1 (2018) (THOMAS, J., concurring); see SW General, 580 U. S., at 314 (opinion of THOMAS, J.). If the Special Counsel were a nonofficer employee, the constitutional problems with this prosecution would only be more serious. For now, I assume without deciding that the Special Counsel is an officer. [2] To be sure, a few Presidents have appointed “special prosecutors” without pointing to any express statutory authorization. See generally T. Eastland, Ethics, Politics and the Independent Counsel 8–9 (1989) (describing past uses of special prosecutors). But, this Court had no occasion to review the constitutionality of those prosecutors’ authority.

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