Principal (appointed by the president only) We look at the appointment of commission member (and all the other positions

that member holds) (Art. II 12 Cl. 2 Officers of the US) Inferior Officer For #1 don't forget the discussion on the constitutionality of the power i.e. Commerce/DCC analysis.

Independent Counsel 1) Part of Executive Hierarchy 2) Limited Duties 3) No authority to formulate policy 4) Limited Jurisdiction 5) Limited duration Department Heads Congress can delegate (must be express if not power assumed by president)

President both: if not express per se or expressly delegated. Courts Inter-branch appointment ok if not incongruous. In case of independent counsel.

1) Is there a federal legislative power? 2) Is it a delegable power, were intelligible guidelines provided? (non-delegation doctrine) 3) Commission/agency composition constitutional?

Separation of Powers

(-) (a) app't by congress Can congress appoint member of commission that makes law? No, except office of legislative branch aiding in the performance of Legislative functions. (-) (b) Cannot delegate application & making of law to members of Leg. branch

(+) Appointment of existing members of Exec. Branch? Yes, allowed i.e. CIA chair can be appointed to another "exec" commission. Appointment of members of Judicial branch allowed if add'l function is already part of Judicial branch (Misretta) or If it is ministerial or administrative (Morrison v. O.)

(+) Removal Officers of US mirrors appointment power limits. By congress? NO. Can congress restrict removal to cause? Yes, but only if Quasi Legislative/Judicial function. If duites not impaired (professor Limited to [independent counsel])