therefore, the FVRA might partially violate the Appointments Clause.
power in the FVRA," Justice Thomas claimed, "does not make
(1) the FVRA allows the President, by virtue of the Inferior Officers
FVRA. Because Congress's statutory handiwork should be upheld if
should together render the FVRA mostly constitutional.
if a provision can be sustained under either theory, then the FVRA
The FVRA could be construed to "establish by Law" a
"General Counsel for the NLRB," but the FVRA creates the
course, Congress did not write the FVRA in this way.
salvages the FVRA without working "gruesome surgery" on the
The FVRA exists to ensure the continuity of government while the
FVRA should not allow temporary appointees to serve for longer terms