BUCKLEY v. VALEO
Per Curiam
were devolved upon an appointee of the executive."
Id., at 202.
3. The Commission's Powers
Thus, on the assumption that all of the powers granted
in the statute may be exercised by an agency whose
members have been appointed in accordance with the
Appointments Clause,1 the ultimate question is which,
if any, of those powers may be exercised by the present
voting Commissioners, none of whom was appointed as
provided by that Clause. Our previous description of the
statutory provisions, see supra, at 109-113, disclosed that
the Commission's powers fall generally into three categories: functions relating to the flow of necessary information-receipt, dissemination, and investigation; functions with respect to the Commission's task of fleshing out
the statute-rulemaking and advisory opinions; and
functions necessary to ensure compliance with the statute
and rules-informal procedures, administrative determinations and hearings, and civil suits.
Insofar as the powers confided in the Commission are
essentially of an investigative and informative nature,
falling in the same general category as those powers
which Congress might delegate to one of its own committees, there can be no question that the Commission
as presently constituted may exercise them. Kilbourn v.
Thompson, 103 U. S. 168 (1881); McGrain v. Daugherty,
175 Since in future legislation that may be enacted in response to
today's decision Congress might choose not to confer one or more
of the powers under discussion to a properly appointed agency, our
assumption is arguendo only. Considerations of ripeness prevent
us from deciding, for example, whether such an agency could under
§ 456 disqualify a candidate for federal election consistently with
Art. I, § 5, cl. 1. With respect to this and other powers discussed
infra, this page and 138-141, we need pass only upon their nature
in relation to the Appointments Clause, and not upon their validity
vel non.
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