BUCKLEY v. VALEO
1
Per Curiam
for prosecutions, the candidate is thereby "disqualified
from becoming a candidate in any future election for
Federal office for a period of time beginning on the date
of such finding and ending one year after the expiration
of the term of the Federal office for which such person
was a candidate." 4
The body in which this authority is reposed consists
of eight members.' 55 The Secretary of the Senate and the
Clerk of the House of Representatives are ex officio members of the Commission without the right to vote. Two
members are appointed by the President pro tempore of
the Senate "upon the recommendations of the majority
leader of the Senate and the minority leader of the Senate." 5 Two more are to be appointed by the Speaker
of the House of Representatives, likewise upon the
recommendations of its respective majority and minority
leaders. The remaining two members are appointed by
the President. Each of the six voting members of the
Commission must be confirmed by the majority of both
Houses of Congress, and each of the three appointing
authorities is forbidden to choose both of their appointees from the same political party.
A. Ripeness
Appellants argue that given the Commission's extensive
powers the method of choosing its members under § 437c
(a) (1) runs afoul of the separation of powers embedded
in the Constitution, and urge that as presently constituted the Commission's "existence be held unconstitutional by this Court." Before embarking on this or any
154 Such a finding is subject to judicial review under the Administrative Procedure Act, 5 U. S. C. § 701 et seq.
115 § 437c (a) (1), set forth in the Appendix to this opinion, infra,
at 161-162.
156 § 437c (a) (1) (A).
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