BUCKLEY v. VALEO
1
Per Curiam
the United States," as that term must be construed
within the doctrine of separation of powers.
Appellee Commission and amici in support of the
Commission urge that the Framers of the Constitution, while mindful of the need for checks and balances
among the three branches of the National Government,
had no intention of denying to the Legislative Branch
authority to appoint its own officers. Congress, either
under the Appointments Clause or under its grants of
substantive legislative authority and the Necessary and
Proper Clause in Art. I, is in their view empowered to
provide for the appointment to the Commission in the
manner which it did because the Commission is performing "appropriate legislative functions."
The majority of the Court of Appeals recognized the
importance of the doctrine of separation of powers which
is at the heart of our Constitution, and also recognized
the principle enunciated in Springerv. PhilippineIslands,
277 U. S. 189 (1928), that the Legislative Branch may
not exercise executive authority by retaining the power
to appoint those who will execute its laws. But it
described appellants' argument based upon Art. II, § 2,
cl. 2,as "strikingly syllogistic," and concluded that Congress had sufficient authority under the Necessary and
Proper Clause of Art. I of the Constitution not only to
establish the Commission but to appoint the Commission's
members. As we have earlier noted, it upheld the constitutional validity of congressional vesting of certain authority in the Commission, and concluded that the question of the constitutional validity of the vesting of its
remaining functions was not yet ripe for review. The
three dissenting judges in the Court of Appeals concluded
that the method of appointment for the Commission did
violate the doctrine of separation of powers.
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