The Court found that Board members are inferior officers not required to be appointed by the President, and that the President retains sufficient control of the Board via the SEC that the Board does not violate the separation of powers clause.
12.
II, ?, personally and through officers whom he appoints ( save for such inferior officers as Congress may authorize to be appointed by the " Courts of Law " or by " the Heads of Departments " with other presidential appointees ), Art.
13.
The Framers of the U . S . constitution did not define the line between principal officers and inferior officers, and the Supreme Court has been content to approach the analysis on a case-by-case basis rather than through a definitive test.
14.
The Court listed in Morrison v . Olson ( 1988 ) certain factors as hallmarks of " inferior Officer " status, such as removability by a higher executive branch official other than the President, and limitations on the officer's duties, jurisdiction, and tenure.
15.
One chief questions recurs under the " by Law " language : Who are " inferior Officers, " not subject to the requirement of advice and consent; and ( 2 ) what constitutes a " Department, " when Congress seeks to place the appointment power away from the President?
16.
The court relied for this conclusion on its previous decision in United States v . Carpenter, 37 M . J . 291 ( 1993 ), where it had decided that appellate military judges are inferior officers whose service requires appointment by a President, a court of law, or a head of a department.
17.
The Court of Military Appeals agreed with petitioner that the appointments violated the Clause under its previous decision in United States v . Carpenter, 37 M . J . 291, that appellate military judges are inferior officers who must be appointed by a President, a court of law, or a head of a department.
18.
Sarbanes-Oxley Act's dual for-cause limitations on removal of members of Public Company Accounting Oversight Board, under which the President was restricted in his ability to remove principal officer, who was in turn restricted in his ability to remove inferior officer, even though that inferior officer determined policy and enforced laws of the United States, contravened Constitution's separation of powers.
19.
Sarbanes-Oxley Act's dual for-cause limitations on removal of members of Public Company Accounting Oversight Board, under which the President was restricted in his ability to remove principal officer, who was in turn restricted in his ability to remove inferior officer, even though that inferior officer determined policy and enforced laws of the United States, contravened Constitution's separation of powers.
20.
The early Christian author Lactantius claimed that Diocletian's reforms led to widespread economic stagnation, since " the provinces were divided into minute portions, and many presidents and a multitude of inferior officers lay heavy on each territory . " After the Empire split, the Byzantine Empire developed a notoriously complicated administrative hierarchy, and in time the term " byzantine " came to refer to any complex bureaucratic structure.
