OCTOBER TERM, 1975 Opinion of WHITE, J. 424 U. S. without the right to vote or to hold an FEC office.' Of the remaining six, two are appointed by the President pro tempore of the Senate upon the recommendation of the majority and minority leaders of that body; two are similarly appointed by the Speaker of the House; and two are appointed by the President of the United States. The appointment of each of these six members is subject to confirmation by a majority of both Houses of Congress. § 437c (a) (1). Each member is appointed for a term of years; none can be an elected or appointed officer or employee of any branch of the Government at the time of his appointment. §§ 437c (a) (2), (3). The FEC is empowered to elect its own officers, § 437c (a) (5), and to appoint a staff director and general counsel. § 437c (f). Decisions are by a majority vote. § 437c (c). It is apparent that none of the members of the FEC is selected in a manner Art. II specifies for the appointment of officers of the United States. The Appointments Clause provides: "[The President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments." ' Although two of the members of the FEC are initially selected by the President, his nominations are subject to confirmation by both Houses of Congress. Neither References to the "Commissioners," the "FEC," or its "members" do not include these two ex officio members. 3U. S. Const., Art. II, § 2, cl.2. 2

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