OCTOBER TERM, 1975
Per Curiam
424 U. S.
More closely in point to the facts of the present case
is this Court's decision in Springer v. Philippine Islands,
277 U. S. 189 (1928), where the Court held that the legislature of the Philippine Islands could not provide for
legislative appointment to executive agencies.
2. The Appointments Clause
The principle of separation of powers was not simply
an abstract generalization in the minds of the Framers:
it was woven into the document that they drafted
in Philadelphia in the summer of 1787. Article I, § 1, declares: "All legislative Powers herein granted shall be
vested in a Congress of the United States." Article
II, § 1, vests the executive power "in a President of the
United States of America," and Art. III, § 1, declares
that "The judicial Power of the United States, shall be
vested in one supreme Court, and in such inferior Courts
as the Congress may from time to time ordain and establish." The further concern of the Framers of the Constitution with maintenance of the separation of powers is
found in the so-called "Ineligibility" and "Incompatibility" Clauses contained in Art. I, § 6:
"No Senator or Representative shall, during the
Time for which he was elected, be appointed to
any civil Office under the Authority of the United
States, which shall have been created, or the Emoluments whereof shall have been encreased during
such time; and no Person holding any Office under
the United States, shall be a Member of either
House during his Continuance in Office."
It is in the context of these cognate provisions of
the document that we must examine the language of
Art. II. § 2, cl. 2, which appellants contend provides the
only authorization for appointment of those to whom
substantial executive or administrative authority is given
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