OCTOBER TERM, 1975
Per Curiam
424 U. S.
to act for him under his direction in the execution
of the laws.
"Our conclusion on the merits, sustained by the
arguments before stated, is that Article II grants
to the President the executive power of the Government, i. e., the general administrative control of
those executing the laws, including the power of
appointment and removal of executive officers-a
conclusion confirmed by his obligation to take care
that the laws be faithfully executed . . . ." Id.,
at 117, 163-164.
In the later case of Humphrey's Executor, where it
was held that Congress could circumscribe the President's power to remove members of independent regulatory agencies, the Court was careful to note that it was
dealing with an agency intended to be independent of
executive authority "except in its selection." 295 U. S.,
at 625 (emphasis in original). Wiener v. United States,
357 U. S. 349 (1958), which applied the holding in
Humphrey's Executor to a member of the War Claims
Commission, did not question in any respect that members of independent agencies are not independent of the
Executive with respect to their appointments.
This conclusion is buttressed by the fact that Mr.
Justice Sutherland, the author of the Court's opinion in
Humphrey's Executor, likewise wrote the opinion for the
Court in Springer v. Philippine Islands, 277 U. S. 189
(1928), in which it was said:
"Not having the power of appointment, unless
expressly granted or incidental to its powers, the
legislature cannot engraft executive duties upon a
legislative office, since that would be to usurp the
power of appointment by indirection; though the
case might be different if the additional duties
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