Amicus Brief: Consumers’ Research; By Two, L.P. v. Consumer Product Safety Commission

NCLA is particularly disturbed by government officials not answerable to the President who are purportedly authorized by statute to usurp his Article II power to enforce the law. That usurpation is present here, where Congress has authorized the Commissioners of the Consumer Product Safety Commission to exercise executive powers, including the power to commence litigation. But CPSC Commissioners may not be removed at will by the President. Because they are not subject to his at-will removal, the Commission may not exercise the executive power.