The Constitution creates very few federal offices. It creates the House and Senate,1 the Speaker of the House2 and the President pro tempore of the Senate,3 the President,4 the Vice President,5 and the Supreme Court6--and that is it. The Constitution clearly contemplates that there will be other federal “Officers,” who the President must commission7 and who Congress may impeach and remove,8 but the document does not itself create those positions. Instead, it provides general authorization to Congress (in conjunction with the President's presentment power9 and the Vice President's modest voting authority10) to “make all Laws which shall be necessary and proper for carrying into Execution” the enumerated powers of national institutions,11 which plainly includes the authority to create federal positions.
The 'Principal' Reason Why the PCAOB Is Unconstitutional
Vanderbilt Law Review
Available at: https://scholarship.law.bu.edu/faculty_scholarship/2446