Query: Free Enterprise Fund v. Public Company Accounting Oversight Bd.
sbarretttillman at yahoo.com
Mon Jun 28 08:24:13 PDT 2010
Today, in Free Enterprise Fund v. Public Company Accounting Oversight Bd., the majority opinion stated:
The diffusion of power carries with it a diffusion of accountability. The people do not vote for the "Officers of the United States." Art. II, §2, cl. 2. They instead look to the President to guide the "assistants or deputies . . . subject to his superintendence." The Federalist No. 72, p. 487 (J. Cooke ed. 1961) (A. Hamilton).
Slip op. 16-17.
Is it a fair inference to suggest that the Court has held that the President is not an "officer of the United States," an office the people do vote for, if only indirectly?
Seth Barrett Tillman
Nora Rotter Tillman & Seth Barrett Tillman, A Fragment on Shall and May, Am. J. Legal Hist. (forthcoming circa 2010-2011) (peer reviewed), available at http://works.bepress.com/seth_barrett_tillman/21/, also available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1029001.
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