BUCKLEY v. VALEO
1
Per Curiam
authorizes Congress to vest the appointment of the
officers described in that part in "the Courts of Law,
or in the Heads of Departments," neither the Speaker
of the House nor the President pro tempore of the
Senate comes within this language.
The phrase "Heads of Departments," used as it is in
conjunction with the phrase "Courts of Law," suggests
that the Departments referred to are themselves in the
Executive Branch or at least have some connection with
that branch. While the Clause expressly authorizes
Congress to vest the appointment of certain officers in
the "Courts of Law," the absence of similar language
to include Congress must mean that neither Congress
nor its officers were included within the language "Heads
of Departments" in this part of cl. 2.
Thus with respect to four of the six voting members
of the Commission, neither the President, the head of any
department, nor the Judiciary has any voice in their
selection.
The Appointments Clause specifies the method of appointment only for "Officers of the United States" whose
appointment is not "otherwise provided for" in the Constitution. But there is no provision of the Constitution
remotely providing any alternative means for the selection of the members of the Commission or for anybody
like them. Appellee Commission has argued, and the
Court of Appeals agreed, that the Appointments Clause
of Art. II should not be read to exclude the "inherent
power of Congress" to appoint its own officers to perform
functions necessary to that body as an institution. But
there is no need to read the Appointments Clause contrary to its plain language in order to reach the result
sought by the Court of Appeals. Article I, § 3, cl. 5, expressly authorizes the selection of the President pro tempore of the Senate, and § 2, cl. 5, of that Article provides
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