BUCKLEY v. VALEO
1
Per Curiam
vide that its own officers may make appointments to such
office or commission.
So framed, the claim that Congress may provide for
this manner of appointment under the Necessary and
Proper Clause of Art. I stands on no better footing than
the claim that it may provide for such manner of appointment because of its substantive authority to regulate federal elections. Congress could not, merely
because it concluded that such a measure was "necessary
and proper" to the discharge of its substantive legislative
authority, pass a bill of attainder or ex post facto
law contrary to the prohibitions contained in § 9 of
Art. I. No more may it vest in itself, or in its officers,
the authority to appoint officers of the United States
when the Appointments Clause by clear implication prohibits it from doing so.
The trilogy of cases from this Court dealing with the
constitutional authority of Congress to circumscribe the
President's power to remove officers of the United States
is entirely consistent with this conclusion. In Myers v.
United States, 272 U. S. 52 (1926), the Court held that
Congress could not by statute divest the President of
the power to remove an officer in the Executive Branch
whom he was initially authorized to appoint. In explaining its reasoning in that case, the Court said:
"The vesting of the executive power in the President was essentially a grant of the power to execute
the laws. But the President alone and unaided
could not execute the laws. He must execute them
by the assistance of subordinates. . . . As he is
charged specifically to take care that they be faithfully executed, the reasonable implication, even in
the absence of express words, was that as part of
his executive power he should select those who were
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