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39. Which, if any, of the following methods of appointing the commission members would be constitutional?
A new federal statute establishes a five-member commission on cultural heritage sites. The statute directs the commission to develop regulations to protect such sites on federal public lands and to implement the regulations through specified fact-finding and adjudicatory functions. The commission is not under the supervision or control of any federal agency.
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A is incorrect. Judges can appoint some inferior officers, but not principal officers such as these commissioners.
B is incorrect. Pursuant to the Appointments Clause, executive officers cannot be appointed by Congress.
D is incorrect. It is constitutional for the commission members to be appointed by the President with the advice and consent of the Senate.