BUCKLEY v. VALEO
1
Per Curiam
is inevitably bounded by the express language of Art. II,
§ 2, cl. 2, and unless the method it provides comports
with the latter, the holders of those offices will not be
"Officers of the United States." They may, therefore,
properly perform duties only in aid of those functions
that Congress may carry out by itself, or in an area
sufficiently removed from the administration and enforcement of the public law as to permit their being
performed by persons not "Officers of the United States."
This Court observed more than a century ago with
respect to litigation conducted in the courts of the
United States:
"Whether tested, therefore, by the requirements of
the Judiciary Act, or by the usage of the government, or by the decisions of this court, it is clear
that all such suits, so far as the interests of the
United States are concerned, are subject to the direction, and within the control of, the AttorneyGeneral." Confiscation Cases, 7 Wall. 454, 458-459
(1869).
The Court echoed similar sentiments 59 years later in
Springer v. Philippine Islands, 277 U. S., at 202, saying:
"Legislative power, as distinguished from executive
power, is the authority to make laws, but not to
enforce them or appoint the agents charged with
the duty of such enforcement. The latter are executive functions. It is unnecessary to enlarge further
upon the general subject, since it has so recently
received the full consideration of this Court. Myers
v. United States, 272 U. S. 52.
"Not having the power of appointment, unless
expressly granted or incidental to its powers, the
legislature cannot engraft executive duties upon a
legislative office, since that would be to usurp the
power of appointment by indirection; though the
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