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Bringing the Independent Agencies in from the Cold

Posted by on Monday, November 2, 2009 in En Banc, Free Enterprise Fund v. PCAOB, Roundtables, Volume 62, Number 5.

Invalidating the PCAOB would cause unnecessary disruption to the Federal Government. The supervisory powers of the SEC over the agency justify concluding that its members are inferior officers. The removal provision can be sustained by confirming that the President has constitutional powers of removal that are appropriate to the function involved. The President’s power to remove SEC commissioners can be the tool for implementing his supervisory authority.