Federal Election Commission v. National Rifle Association Political Victory Fund
United States Court of Appeals for the District of Columbia Circuit
6 F.3d 821 (1993)
Congress structured the Federal Election Commission (defendant) to include six presidentially appointed voting commissioners plus two non-voting ex officio members -- the Senate secretary and the House clerk, both congressional agents. After the National Rifle Association Institute for Legislative Action (NRA-ILA, related to plaintiff) transferred money to its political action committee, the Commission brought an enforcement action against it for a statutory violation. The NRA-ILA challenged the Commission's authority in district court, arguing the ex officio members' presence violated separation of powers; the district court sided with the Commission on the merits, and the NRA-ILA appealed on the structural argument.
Whether Congress's appointment of its own agents to non-voting, ex officio advisory positions on an executive agency violates the separation-of-powers doctrine.