On Hunting Elephants in Mouseholes
PDF · Harold H. Bruff · Dec-15-2009 · 62 Vand. L. Rev. En Banc 127 (2009)
This response argues against using the vehicle of the relatively minor PCAOB case to decide large issues about the constitutionality of the independent agencies. It reviews constitutional provisions and history supporting independent functions. It concludes that the Court can invoke the avoidance canon to read the statute to allow appropriate levels of presidential supervision over the PCAOB.