After his appointment as Taoiseach by the president, Éamon de Valera proposed the members of the government and they were approved by the Dáil.[4] They were appointed to office by the president.
During the first three years of the term of office of the first President of Ireland, the Oireachtas could pass amendments to the Constitution of Ireland without a referendum. This period lasted from 25 June 1938 to 24 June 1941. The First Amendment of the Constitution of Ireland was introduced and signed into law on 2 September 1939, allowing the Oireachtas to resolve that a state of emergency exists when an armed conflict exists outside of the state. The Emergency was declared on the same day, and the emergency powers lapsed on 2 September 1946. The Second Amendment of the Constitution of Ireland was signed into law on 30 May 1941 and was an omnibus amendment with 40 separate changes across the text of the Constitution. Both amendments were proposed by the Taoiseach.