Administrative Law Keyed to Lawson
Buckley v. Valeo
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The Act vested very broad powers in the Commission for administering the Act, including not only recordkeeping, disclosure, investigative functions, rulemaking and adjudicative powers, but also enforcement powers to institute a civil action for violations of the Act. With respect to four of the six voting members, neither the President, the head of any department, nor the Judiciary had any voice in their selection. The Appellants challenged the selection process, arguing that the Appointment Clause provides the exclusive method by which those charged with executing the laws of the United States may be chosen. Appellants further claimed that, if Congress retained the power to appoint, the members of the Commission could not discharge those functions which can only be performed by Officers of the United States under the separation of powers doctrine. The Court of Appeals held that the Necessary and Proper Clause of the Constitution gave Congress the authority to establish the Commission and appoint its members.
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