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Article: Administrative law - appointments clause - D.C. Circuit holds that the SEC Chairman is not the "head" of the SEC.(Case note)
- Article from:
- Harvard Law Review
- Article date:
- June 1, 2009
CopyrightCOPYRIGHT 2009 Harvard Law Review Association. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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ADMINISTRATIVE LAW--APPOINTMENTS CLAUSE--D.C. CIRCUIT HOLDS THAT THE SEC CHAIRMAN IS NOT THE "HEAD" OF THE SEC.--Free Enterprise Fund v. Public Co. Accounting Oversight Board, 537 F.3d 667 (D.C. Cir. 2008), cert. granted, 77 U.S.L.W. 3431 (U.S. May 18, 2009) (No. 08-861).
The Appointments Clause of the Constitution grants the President the sole power to appoint officers of the United States with the advice and consent of the Senate. (1) But there is an exception for so-called "inferior Officers," whose appointment Congress may vest in "Heads of Departments." (2) Although there has been much litigation trying to distinguish inferior from principal officers, (3) ...