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Constitutional interpretation

Constitutional Law

Michigan Law Review

1977

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Congressional Power Under The Appointments Clause After Buckley V. Valeo, Michigan Law Review Jan 1977

Congressional Power Under The Appointments Clause After Buckley V. Valeo, Michigan Law Review

Michigan Law Review

This Note examines the constitutional power of Congress to control the selection of government officers. It first discusses the article II grant itself and concludes that the Court in Buckley correctly interpreted that provision to prohibit direct appointment by Congress of officers who are found to possess "significant authority." The Note then explores possible means not explicitly foreclosed in Buckley by which Congress might influence such appointments and argues that these alternatives are restricted by the same constitutional principles that prohibit direct congressional appointments.