| Venue: | SCOTUS |
| Facts: | The Federal Election Commission has primary responsibility for administering and enforcing the Federal Election Campaign Act. Some of its members are appointed by the houses of the legislature. Well, most of the 8, actually. |
| Posture: | None presented. |
| Issue: | Given that a majority of the members are appointed by congress, can the FEC exercise the powers conferred on it by the act? |
| Holding: | No. |
| Rule: | Art I, § 6: the appointments clause, and separation of powers. The commission holds duties that can only be executed by "officers of the United States." |
| Reasoning: | We know that separation of powers isn't 100%, but the framers were clearly concerned about it-- hence the Emoluments clause. If various other positions are considered "officers of the United States," then surely these are. And the duties of the commission include seeking judicial relief, which is an executive function. |
| Dicta: | |