Filed September 22, 2006
Off. Legal Counsel 87, 89 (1978) (“Deputy Assistant Secretaries unquestionably are inferior officers”); United States v. Eaton, 169 U.S. 331, 340 (1898) (“vice consul” is a “subordinate officer”). - 3 - Case 1:06-cv-00217-JR Document 47 Filed 09/22/2006 Page 11 of 53 agencies, such as the SEC, that are run by a multi-headed committee, see infra pp. 36-41, Defendants’ theory would allow Congress to strip the President of any post-appointment control over even traditional Cabinet departments and the functions they perform.