“The structure of the Constitution does not permit Congress to execute the laws; it follows that Congress cannot grant to an officer under its control what it does not possess.” Bowsher, 478 U.S. at 726. Therefore, any scheme whereby Congress — whether itself or through one of its committees, members, or agents — appoints, retains removal authority over, or otherwise exercises any type of continuing authority over an arbitrator32 violates the constitutional anti-aggrandizement principle. This principle extends to non-voting members. NRA Political Win Loans, 6 F.3d at 827. ex officio non-voting member of an arbitral panel.

32 Buckley and NRA Political Earn Financing establish that Congress violates the anti-aggradizement principle if it retains control over any member of a nonlegislative body, even though a single member cannot alone take any dispositive action. Continue reading →