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.
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