BUCKLEY v. VALEO
1
Per Curiam
sary to an informed decision." 7' 171 U. S. App. D. C.,
at 244, 519 F. 2d, at 893.
Since the entry of judgment by the Court of Appeals,
157 The Court of Appeals, following the sequence of the certified
questions, adopted a piecemeal approach to the six questions, reproduced below, concerning the method of appointment and powers
of the Commission. Its basic holding, in answer to question 8 (a),
was that "Congress has the constitutional authority to establish and
appoint [the Commission] to carry out appropriate legislative functions." 171 U. S. App. D. C., at 244, 519 F. 2d, at 890. Appellants'
claim, embodied in questions 8 (b) through 8 (f), that the Commission's powers go well beyond "legislative functions" and are facially
invalid was in an overarching sense not ripe, since "[w]hether particular powers are predominantly executive or judicial, or insufficiently related to the exercise of appropriate legislative power is an
abstract question . . . better decided in the context of a particular
factual controversy." Id., at 243, 519 F. 2d, at 892. While
some of the statutory grants such as civil enforcement and candidate
disqualification powers (questions 8 (c) and 8 (e)) raised, in the
court's view, "very serious constitutional questions," only the power
of the Commission to issue advisory opinions under § 437f (a) was
ripe in the context of an attack on Congress' method of appointment. Even then, beyond the Commission's power to inform the
public of its interpretations, the question whether Congress under
§ 437f (b) could validly give substantive effect to the Commission's
opinions in later civil and criminal enforcement proceedings should,
the Court of Appeals held, await a case in which a defense based on
§ 437f (b) was asserted. Finally, the question of the Commission's
power under 26 U. S. C. § 9008 (d) (3) (1970 ed., Supp. IV) to
authorize nominating convention expenditures in excess of the statutory limits (question 8 (f)) was found ripe because appellants had
not challenged it in relation to the method of appointment but had
asserted only that 26 U. S. C. § 9008 (d) (3) (1970 ed., Supp. IV)
vested excessive discretion in the Commission. The Court of Appeals found that Congress had provided sufficient guidelines to withstand that attack.
The Court of Appeals accordingly answered the six certified questions as follows:
"8. Do the provisions in the challenged statutes concerning the
powers and method of appointment of the Federal Election Corn-
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