public citizen department justice argued april decided june together washington legal foundation department justice et also appeal aid president fulfilling constitutional duty appoint federal judges department justice regularly seeks advice standing committee federal judiciary american bar association aba regarding potential nominees judgeships aba committee investigations reports votes potential nominees kept confidential although rating particular candidate made public fact nominated appellant washington legal foundation wlf filed suit justice department aba committee refused wlf request names potential nominees considering reports minutes meetings action brought federal advisory committee act faca among things defines advisory committee group established utilized president agency give advice public questions requires covered group file charter afford notice meetings open meetings public make minutes records reports available public joined appellant public citizen wlf asked district declare committee advisory group subject faca requirements enjoin department utilizing aba committee complied requirements dismissed complaint holding department use aba committee subject faca strictures ruling applying faca aba committee unconstitutionally infringe president article ii power nominate federal judges violate doctrine separation powers held appellants standing bring suit refusal permit scrutinize aba committee activities extent faca allows constitutes sufficiently distinct injury provide standing fact groups citizens might make complaint appellants lessen injury moreover although statute disclosure exemptions might bar public access many meetings appellants seek attend many documents wish view exemptions probably deny access meetings documents particularly discussions documents regarding aba committee overall functioning excuse aba committee noncompliance faca provisions requiring covered organization file charter give notice meetings thus appellants may gain significant genuine relief prevail suit potential gains sufficient give standing pp faca apply justice department solicitation aba committee views prospective judicial nominees pp whether aba committee advisory committee faca depends upon whether utilized president department within statute meaning read unqualifiedly verb extend faca coverage aba committee however since faca enacted cure specific ills particularly wasteful expenditure public funds worthless committee meetings biased proposals special interest groups unlikely congress intended statute cover every formal informal consultation president executive agency group rendering advice literal reading statutory term compels odd result searches beyond bare text evidence congressional intent pp although question close one careful review regulatory scheme prior faca enactment statute legislative history strongly suggests congress intend term utilized apply justice department use aba committee faca regulatory predecessor executive order applied advisory committees formed governmental unit formed utilized government manner committee aba committee never deemed utilized relevant sense evidenced fact president operating order justice department official ever applied order aba committee despite highly visible role advising department potential nominees surprising since aba committee formed privately rather government prompting assist president performing constitutionally specified function receives federal funds amenable strict management agency officials envisaged order easily said utilized manner committee moreover faca adopted many order provisions considerable evidence statute legislative history congress sought achieve compliance faca stringent requirements advisory committees already covered order presidential advisory committees statute utilized phrase intended clarify faca applies committees established government generous sense term encompassing groups formed indirectly organizations public agencies well agencies read way word utilized describe justice department use aba committee pp construing faca apply justice department consultations aba committee present formidable constitutional difficulties plausible alternative construction exists allow avoid problems adopt construction see crowell benson pp brennan delivered opinion white marshall blackmun stevens joined kennedy filed opinion concurring judgment rehnquist joined post scalia took part consideration decision cases eric glitzenstein argued cause appellant briefs patti goldman alan morrison paul kamenar argued cause appellant briefs daniel popeo deputy solicitor general shapiro argued cause appellees cases brief acting solicitor general wallace assistant attorney general bolton paul larkin douglas letter rex lee ronald flagg carter phillips mark hopson blair white david pritikin darryl depriest filed brief appellee american bar fn briefs amici curiae urging affirmance filed american federation labor congress industrial organizations robert weinberg walter kamiat laurence gold people american way action fund et al timothy dyk thomas connell william taylor justice brennan delivered opinion department justice regularly seeks advice american bar association standing committee federal judiciary regarding potential nominees federal judgeships question us whether federal advisory committee act faca stat amended app et seq ed supp applies consultations whether application interferes unconstitutionally president prerogative article ii nominate appoint officers violates doctrine separation powers unduly infringes first amendment right members american bar association freedom association expression hold faca apply special advisory relationship therefore reach constitutional questions presented constitution provides president shall nominate advice consent senate shall appoint justices established congress federal judges art ii cl since president department justice requested advice american bar association standing committee federal judiciary aba committee making nominations american bar association private voluntary professional association approximately attorneys several working committees among advisory body whose work issue aba committee consists persons belonging chosen american bar association federal judicial circuits including federal circuit one representative aba committee except ninth circuit two addition one member chosen large aba committee receives federal funds recommend persons appointment federal bench initiative prior announcing names nominees judgeships courts appeals district courts international trade president acting department justice routinely requests potential nominee complete questionnaire drawn aba committee submit assistant attorney general office legal policy chair aba committee committee member usually representative relevant judicial circuit charged investigating nominee see american bar association standing committee federal judiciary works reprinted app brief federal appellee potential nominee answers referral name aba committee kept confidential committee member conducting investigation reviews legal writings potential nominee interviews judges legal scholars attorneys regarding potential nominee qualifications discusses matter confidentially representatives various professional organizations groups committee member also interviews potential nominee sometimes committee members attendance following initial investigation committee representative prepares chair informal written report describing potential nominee background summarizing interviews assessing candidate qualifications recommending one four possible ratings exceptionally well qualified well qualified qualified qualified chair makes confidential informal report attorney general office chair report discloses substance committee representative report chair without revealing identity persons interviewed indicates evaluation potential nominee likely receive department justice requests formal report justice department request formal report committee representative prepares draft sends copies members aba committee together relevant materials vote taken final report approved aba committee conveys rating though final report confidence department justice accompanied statement whether rating supported committee members whether commanded majority substantial majority aba committee considering rating information president advisers assembled including report federal bureau investigation additional interviews conducted president judicial selection committee president decides whether nominate candidate candidate fact nominated aba committee rating report made public request senate judiciary committee faca born desire assess need numerous committees boards commissions councils similar groups established advise officers agencies executive branch federal government set forth app purpose ensure new advisory committees established essential number minimized terminated outlived usefulness creation operation duration subject uniform standards procedures congress public remain apprised existence activities cost work exclusively advisory nature attain objectives faca directs director office management budget agency heads establish various administrative guidelines management controls advisory committees also imposes number requirements advisory groups example faca requires advisory committee file charter keep detailed minutes meetings meetings must chaired attended officer employee federal government authorized adjourn meeting deems adjournment public interest faca also requires advisory committees provide advance notice meetings open public unless president agency head advisory committee reports determines may closed public accordance government sunshine act addition faca stipulates advisory committee minutes records reports made available public provided fall within one freedom information act exemptions see government choose withhold advisory committees established legislation created president federal officials must also fairly balanced terms points view represented functions perform existence limited two years unless specifically exempted entity establishing october appellant washington legal foundation wlf brought suit department justice aba committee refused wlf request names potential judicial nominees considering aba committee reports minutes meetings wlf asked district district columbia declare aba committee advisory committee faca defines term wlf sought injunction ordering justice department cease utilizing aba committee advisory committee complied faca particular wlf contended aba committee must file charter afford notice meetings open meetings public make minutes records reports available public inspection copying see wlf complaint app justice department moved dismiss arguing aba committee fall within faca definition advisory committee faca violate constitutional doctrine separation powers appellant public citizen moved successfully intervene party plaintiff like wlf public citizen requested declaration justice department utilization aba committee covered faca order enjoining justice department comply faca requirements district dismissed action following oral argument supp held justice department use aba committee subject faca strictures faca constitutionally applied aba committee violate express separation nomination consent powers set forth article ii constitution overriding congressional interest applying faca aba committee demonstrated congress role choosing judges limited senate advice consent function concluded purposes faca served public confirmation process need applying faca aba committee outweighed president interest preserving confidentiality freedom consultation selecting judicial nominees noted probable jurisdiction affirm statutory grounds making consideration relevant constitutional issues unnecessary ii preliminary matter appellee american bar association contests appellants standing bring suit appellee challenge twofold first contends neither appellant alleged injury sufficiently concrete specific confer standing rather appellee maintains advanced general grievance shared substantially equal measure large class citizens thus lack standing precedents brief appellee aba second appellee argues even appellants asserted sufficiently discrete injury demonstrated decision favor likely redress alleged harm meetings seek attend minutes records wish review probably closed faca hence american bar association submits article iii bars suit reject arguments appellee dispute appellants attempting compel justice department aba committee comply faca charter notice requirements seek access aba committee meetings records order monitor workings participate effectively judicial selection process appellant wlf specifically requested refused names candidates consideration aba committee reports minutes committee meetings advance notice future meetings wlf complaint app agency denies requests information freedom information act refusal permit appellants scrutinize aba committee activities extent faca allows constitutes sufficiently distinct injury provide standing sue decisions interpreting freedom information act never suggested requesting information need show sought denied specific agency records see department justice reporters comm freedom press department justice julian weber aircraft fbi abramson department air force rose reason different rule fact citizens groups citizens might make complaint unsuccessfully demanding disclosure faca lessen appellants asserted injury fact numerous citizens might request information freedom information act entails denied access possess sufficient basis sue likewise find untenable american bar association claim appellants lack standing ruling favor provide genuine relief result faca exceptions disclosure appellants acknowledge many meetings aba committee might legitimately closed public faca many documents might properly shielded public view means concede faca licenses denying access meetings papers excuses noncompliance faca provisions public citizen contends faca applies justice department use aba committee without violating constitution aba committee least file charter give notice meetings addition discussions documents regarding overall functioning aba committee including investigative evaluative voting procedures well fall outside faca exemptions see reply brief appellant pp indeed difficult square appellee assertion appellants hope gain noteworthy relief contention even significant interference participation government officials aba committee affairs result potential application public inspection provisions section act brief appellee aba american bar association explains disclosure public access rule faca exemptions generally construed narrowly fact act deliberative process privilege aba committee meetings closed citations omitted appellee therefore concludes bottom question application faca impair sensitive necessarily confidential process gathering information assess accurately qualifications character prospective judicial nominees whatever merits claims whatever relevance appellee constitutional objections faca applicability certainly show appellants contend appellants might gain significant relief prevail suit appellants potential gains undoubtedly sufficient give standing iii section faca set forth app defines advisory committee follows purpose act term advisory committee means committee board commission council conference panel task force similar group subcommittee subgroup thereof hereafter paragraph referred committee established statute reorganization plan established utilized president established utilized one agencies interest obtaining advice recommendations president one agencies officers federal government except term excludes advisory commission intergovernmental relations ii commission government procurement iii committee composed wholly officers employees federal government doubt executive makes use aba committee thus utilizes one common sense term district recognized however reliance plain language faca alone entirely satisfactory utilize woolly verb contours left undefined statute read unqualifiedly extend faca requirements group two persons least formal organization president executive agency seeks advice convinced congress intend result nodding acquaintance faca purposes manifested legislative history recited act reveals congress intention example require filing charter presence controlling federal official detailed minutes time president seeks views national association advancement colored people naacp nominating commissioners equal employment opportunity commission asks leaders american legion post visiting organization opinion aspect military policy congress meant straightforward reading utilize appear require faca restrictions apply president consults political party picking cabinet unmistakably congress intention intrude political party freedom conduct affairs chooses cf eu san francisco county democratic central ability advise elected officials belong party placing federal employee charge advisory group meeting making minutes public property faca enacted cure specific ills wasteful expenditure public funds worthless committee meetings biased proposals although reach extensive believe intended cover every formal informal consultation president executive agency group rendering advice said church holy trinity requently words general meaning used statute words broad enough include act question yet consideration whole legislation circumstances surrounding enactment absurd results follow giving broad meaning words makes unreasonable believe legislator intended include particular act literal reading statutory term compel odd result green bock laundry machine must search evidence congressional intent lend term proper scope see also church holy trinity supra fdic philadelphia gear circumstances enactment particular legislation example may persuade congress intend words common meaning literal effect watt alaska even though judge learned hand said words used even literal sense primary ordinarily reliable source interpreting meaning writing nevertheless one surest indexes mature developed jurisprudence make fortress dictionary remember statutes always purpose object accomplish whose sympathetic imaginative discovery surest guide meaning cabell markham aff looking beyond naked text guidance perfectly proper result apparently decrees difficult fathom seems inconsistent congress intention since rule rather axiom experience rule law preclude consideration persuasive evidence exists boston sand gravel holmes see also american trucking aid construction meaning words used statute available certainly rule law forbids use however clear words may appear superficial examination citations omitted consideration faca purposes origins determining whether term utilized meant apply justice department use aba committee particularly appropriate given importance consistently attached interpreting statutes avoid deciding difficult constitutional questions text fairly admits less problematic construction see infra therefore imperative consider indicators congressional intent addition statutory language concluding faca meant cover aba committee provision advice justice department connection judicial nominations close attention faca history helpful faca flare legislative scene suddenness meteor similar attempts regulate federal government use advisory committees common years preceding faca enactment see note federal advisory committee act harv legis understanding efforts essential ascertain intended scope term utilize justice department issued guidelines operation federal advisory committees order forestall facilitation anticompetitive behavior bringing industry leaders together government approval see hearings woc without compensation government employees government advisory groups antitrust subcommittee house committee judiciary pt pp reprinting guidelines several years later house committee government operations found justice department guidelines frequently ignored representative fascell sponsored bill accorded guidelines legal status sess although bill required agencies report congress use advisory committees subjected advisory committees various controls apparently imposed requirements private groups established federal government whose advice sought executive see cong rec remarks fascell vorys despite congress failure enact bill bureau budget issued directive incorporating bulk guidelines see perritt wilkinson open advisory committees political process federal advisory committee act two years geo later year president kennedy issued executive order cfr comp governed functioning advisory committees faca passage executive order probable source term utilize later employed faca order applied advisory committees formed department agency government interest obtaining advice recommendations formed department agency period utilized department agency manner advisory committee emphasis added large extent faca adopted wholesale provisions executive order example like faca executive order stipulated advisory committee formed utilized unless authorized law determined matter formal record agency head public interest advisory committee meetings held presence government employee empowered adjourn meetings whenever considered adjournment public interest meetings occur call advance approval federal employee minutes kept meetings committees terminate two years unless statute agency head decreed otherwise indication however executive order intended apply justice department consultations aba committee neither president kennedy issued order president johnson president nixon apparently deemed aba committee utilized department justice relevant sense term notwithstanding aba committee highly visible role advising justice department regarding potential judicial nominees notwithstanding fact order requirements established executive rather congress president justice department official applied aba committee entity formed privately rather federal government prompting render confidential advice respect president constitutionally specified power nominate federal judges entity receipt federal funds amenable strict management agency officials envisaged executive order aba committee easily said utilized department agency manner advisory committee executive apparently consider aba committee activity within terms executive order therefore unsurprising although faca legislative history evinces intent widen scope executive order definition advisory committee including presidential advisory committees lay beyond reach executive order see pp pp well augment restrictions applicable advisory committees covered statute scant reason believe congress desired bring aba committee within faca net faca principal purpose enhance public accountability advisory committees established executive branch reduce wasteful expenditures purpose accomplished however without expanding coverage executive order include privately organized committees received federal funds indeed considerable evidence congress sought nothing stricter compliance reporting requirements made stringent advisory committees already covered order similar treatment small class publicly funded groups created president house bill amended form became faca applied exclusively advisory committees established statute executive whether federal agency president sess although house committee report stated class advisory committees include committees may organized advice sought president agency used president agency way advisory committee formed president agency supra questionable whether report authors believed justice department used aba committee way used advisory committees established phrase used way reminiscent executive order reference advisory committees utilized manner committee established federal government practice three administrations demonstrates executive order encompass aba committee inference draws support earlier house report instigated legislative efforts culminated faca report complained committees utilized agency opposed established directly agency rarely complied requirements executive order see supra cite aba committee similar advisory committees willful evaders order rather report paradigmatic example committee utilized agency purposes executive order advisory committee established organization receipt public funds national academy sciences indication report purely private group like aba committee formed executive accepted public funds assisted executive performing constitutionally specified task committed executive within terms executive order type advisory entity legislation urgently needed address paralleling initial house bill senate bill grew faca defined advisory committee one established organized statute president executive agency sess like house report accompanying senate report stated phrase established organized understood liberal sense officer brings together group formal informal means contract arrangement whether federal money expended obtain advice information group covered provisions bill supra report manifested clear intent restrict faca coverage advisory committees funded federal government indicate desire bring private advisory committees within faca terms indeed examples senate report offers advisory council federal reports national industrial pollution control council national petroleum council advisory councils national institutes health committees national academies utilized officially recognized advisory president agency government official ibid limited groups organized closely tied federal government thus enjoying status given prominence aba committee role familiarity members congress omission list groups formed maintained private initiative offer advice respect president nomination government officials telling examples offered senate committee government operations representative seems fair surmise little reason think support least committee stage going beyond terms executive order regulate comprehensively workings aba committee true final version faca approved houses employed phrase established utilized phrase capacious word established phrase established organized genesis suggests intended go much beyond narrower formulations words utilized added conference committee definition included house bill see conf joint explanatory statement however said simply definition contained house bill adopted modification conference report offered indication modification significant let alone substantially broaden faca application sweeping within terms vast number private groups republican national committee formed behest executive organizations whose opinions federal government sometimes solicits indeed appears house bill initial restricted focus advisory committees established federal government expanded sense word established retained rather enlarged conference committee section dealing faca range application conference report stated act apply persons organizations contractual relationships federal agencies advisory committees directly established agencies emphasis added phrase utilized therefore appears added simply clarify faca applies advisory committees established federal government generous sense term encompassing groups formed indirectly organizations national academy sciences public agencies well agencies read way term utilized meet concerns authors house report advisory committees covered executive order utilized department agency manner advisory committee groups organized national academy sciences affiliates report discussed subject faca requirements comports well initial house senate bills limited extension advisory groups established broad understanding word federal government whether groups established executive branch statute whether offspring organization created permeated federal government read way however word utilized describe justice department use aba committee consultations justice department aba committee within purview executive order aba committee said formed justice department semiprivate entity federal government helped bring sum literalistic reading bring justice department advisory relationship aba committee within faca terms particularly given faca objective opening many advisory relationships public scrutiny except certain narrowly defined situations literalistic reading however catch far groups consulting arrangements congress conceivably intended careful review interpretive difficulty warrants earlier efforts regulate federal advisory committees circumstances surrounding faca adoption strongly suggests faca definition advisory committee meant encompass aba committee relationship justice department relationship seems within contemplation executive order faca legislative history display intent widen order application encircle weighing deliberately inclusive statutory language evidence congressional intent seems us close question whether faca construed apply aba committee although whole fairly confident however one additional consideration view tips balance decisively faca application validity act congress drawn question even serious doubt constitutionality raised cardinal principle first ascertain whether construction statute fairly possible question may avoided crowell benson collecting citations omitted long axiom statutory interpretation otherwise acceptable construction statute raise serious constitutional problems construe statute avoid problems unless construction plainly contrary intent congress edward debartolo florida gulf coast building construction trades council see also martin evangelical lutheran church south dakota nlrb catholic bishop chicago machinists street approach said recently reflects prudential concern constitutional issues needlessly confronted also recognizes congress like bound swears oath uphold constitution edward debartolo supra reluctance decide constitutional issues especially great concern relative powers coordinate branches government see american foreign service assn garfinkel per curiam hence loath conclude congress intended press ahead dangerous constitutional thickets absence firm evidence courted perils sure press statutory construction point disingenuous evasion even avoid constitutional question locke quoting moore ice cream rose unlike locke nothing legislative history remotely suggest ed congressional intent contrary congress chosen words review regulatory scheme prior faca enactment likely origin phrase utilized faca definition advisory committee reveals congress probably intend subject aba committee faca requirements aba committee offers confidential advice regarding presidential appointments federal bench competing arguments based faca text legislative history though plausible tend show congress desire faca apply justice department confidential solicitation aba committee views prospective judicial nominees sound sense counsels adherence rule caution unwillingness resolve important constitutional questions unnecessarily thus solidifies conviction faca inapplicable judgment district affirmed footnotes ratings used connection nominees well qualified opposed qualified see american bar association standing committee federal judiciary works reprinted app senate regularly requests aba committee rate nominees justice department already sought aba committee opinion nominees federal judgeships aba committee rating made public confirmation hearings senate judiciary committee federal advisory committees legion fiscal year federal departments sponsored advisory committees general services administration seventeenth annual report president federal advisory committees meetings held close reports issued ibid costs fiscal year totaled million roughly half spent federal staff support wlf originally sued aba committee members american bar association department justice district dismissed complaint ground justice department proper defendant washington legal foundation american bar assn standing comm federal judiciary supp dc wlf appeal issue whether committee sued directly noncompliance faca pending appeals see brief appellant american bar association party intervened purposes appeal district rendered judgment justice department concedes appellants standing challenge application least faca provisions justice department consultations aba committee see brief federal appellee challenges present threshold question whether aba committee constitutes advisory committee purposes faca hold need address department claim appellants lack standing contest application certain provisions faca provides exceptions advisory committees established utilized central intelligence agency federal reserve system well local civic group whose primary function rendering public service respect federal program state local committee council board commission similar group established advise make recommendations state local officials agencies presence exceptions little curtail almost unfettered breadth dictionary reading faca definition advisory committee justice kennedy agrees conclusion unreflective reading term utilize include president occasional consultations groups naacp committees president political party see post concluded groups covered statute render advice however justice kennedy refuses consult faca legislative history later denounces surprising hyperbole unauthoritative materials post although countless opinions including many written concurring justices rested materials result estimation absurd post although never adopted strict standard reviewing committee reports floor debates indications congressional intent explicitly reject standard today see also infra even absurdity test one think met idea members congress vote bill subjecting political parties bureaucratic intrusion public oversight president cabinet officer consults party committees concerning political appointments outlandish strike us way unhealthy post undemocratic post use available materials ascertaining intent elected representatives rather read enactments requiring may seem disturbingly unlikely result provided result absurd indeed sounder democratic course course strives allegiance congress desires cases congress statutory directive plainly sensible borders lunatic traditional approach reaffirm today neither public citizen wlf contends aba committee presidential advisory committee congress understood term appear one house report effectiveness federal advisory committees provided impetus legislative proposals eventually produced faca committee government operations noted presidential committees special concern often consumed large amounts federal money subject controls house committee however defined presidential committee narrowly group either one members appointed president function advising making recommendations none aba committee members appointed president aba committee report directly house senate reports accompanying early versions faca likewise referred advisory committees formed established organized president committees created act congress advise president categories aba committee readily fitted see pp although faca provides definition presidential advisory committee applying advisory committee advises president set forth category species advisory committee purport cover committees advising president established utilized faca legislative history reveals presidential advisory committees congress intended faca reach include aba committee relevant paragraph supra footnotes omitted reads full definition term also includes committee board formed department agency utilized department agency manner advisory committee rarely committees reported great number approximately advisory committees national academy sciences nas affiliates possibly added advisory committees nas committees fall within intent literal definition advisory committees executive order national academy sciences created congress organization explicit purpose furnishing advice government done use advisory committees government meets expense investigations reports prepared academy committees request government yet academy committees reported agencies departments government appellants note well regulations general services administration gsa agency responsible administering faca define utilized advisory committee committee group composed whole part officers employees federal government established existence outside agency seeking advice president agency official adopts institutional arrangements preferred source obtain advice recommendations manner individual obtain advice recommendations established advisory committee cfr argument without force several reasons however think conclusive either alone together appellants arguments faca text legislative history first regulation like faca definition advisory committee appears sweeping read without qualification unless investigation congressional intent confirms reading review faca legislative history purposes demonstrates justice department assisting executive exercise constitutional power specifically assigned executive alone use aba committee obviously manner federal agencies use advisory committees established creature federal government second appellants claim regulation applies aba committee questionable gsa publishes annual report listing advisory committees covered faca although reports thus far issued aba committee included list agency interpretation regulation thus appears contradict expansive construction appellants ask us give fact though depriving regulation language independent force see post nevertheless weakens claim regulation applies justice department use aba committee third even aba committee covered regulation appellants case appreciably bolstered deference agency expertise interpreting faca less appropriate regulatory definition contemporaneous construction statute since current definition first promulgated see fed reg become final see fed reg decade faca passage see aluminum america central lincoln peoples utility zenith radio general electric gilbert discounting significance agency interpretive guideline promulgated eight years statute enactment although fact guideline contradicted agency earlier position deemed importan udall tallman power reactor electricians norwegian nitrogen products addition owe gsa regulation diminished deference reason independent issued contemporaneously faca passage general electric gilbert supra held agency interpretive regulations promulgated pursuant express statutory authority accorded less weight administrative regulations congress declared shall force law regulations enabling statute may supply basis imposition liability citations omitted gsa regulatory definition falls neither category section set forth app authorizes administrator prescribe administrative guidelines management controls applicable advisory committees maximum extent feasible provide advice assistance guidance advisory committees improve performance empower agency issue addition guidelines regulatory definition advisory committee carrying force law justice kennedy assertion gsa interpretation faca provisions binding post confuses wish reality addition appellee american bar association contends application faca aba committee impermissibly interfere associational expressive rights guaranteed members first amendment see brief appellee aba brief people american way action fund alliance justice amicus curiae justice kennedy chief justice justice join concurring judgment government liberties people preserved executive legislative judicial ever separate distinct consist parts mutually forming check upon pinckney observations plan government submitted federal convention may reprinted farrand records federal convention rev ed accretion dangerous power come day come however slowly generative force unchecked disregard restrictions fence even disinterested assertion authority youngstown sheet tube sawyer concurring opinion statutory question suit simple enough formulate faca applies committee established utilized president one agencies furnishes advice recommendations president one agencies app concede aba committee furnishes advice recommendations department justice president ante question face therefore whether aba committee utilized department justice president see ibid ready starting point serve also sufficient stopping point kind analysis plain language statute yet unwilling rest foundation several reasons one evident unwillingness define application statute terms ordinary meaning language told utilize woolly verb therefore content rely described varying levels animus literal reading ante literalistic reading ante dictionary reading word ante also told uncertain terms rely happen regard accurate description straightforward reading utilize ante reluctance working basic meaning words normal manner undermines legal process cases demonstrate reluctance sort leads instead woolly judicial construction mars plain face legislative enactments concedes executive branch utilizes aba committee common sense word ibid indeed point contested recitation facts makes clear department justice last four decades made regular use aba committee investigate background potential nominees make critical recommendations regarding qualifications see ante end matter nevertheless goes several steps conclude although seems us close question ante congress intend faca apply aba committee although believe result quite sensible go along unhealthy process amending statute judicial interpretation language statute clear application normal rule bound course legitimate exception rule invokes see ante citing church holy trinity quarrel plain language statute lead patently absurd consequences brown congress possibly intended fbi abramson dissenting emphasis added need apply language fashion used proper manner narrow exception normal rule statutory construction intrude upon lawmaking powers congress rather demonstrates respect coequal legislative branch assume act absurd way exception remains legitimate tool judiciary however long acts limiting exception situations result applying plain language genuine sense absurd quite impossible congress intended result see alleged absurdity clear obvious anyone examples true absurdity given holy trinity decision cited ante sheriff prosecuted obstructing mails even though executing warrant arrest mail carrier murder medieval law drawing blood streets applied physician came aid man fallen fit see today opinion however disregards plain language statute application patently absurd rather basis view legislative history fairly confident faca construed apply aba committee ante believe loose invocation absurd result canon statutory construction creates great risk exercising instead judgment consequence substituti ng pleasure legislative body federalist rossiter ed hamilton makes passing effort show absurd apply term utilize aba committee according commonsense meaning offers three examples assume meant demonstrate point application faca american legion post president visit organization happen ask opinion aspect military policy application faca meetings national association advancement colored people naacp president seek views nominating commissioners equal employment opportunity commission application faca national committee president political party consult advice recommendations picking cabinet see ante none examples demonstrate kind absurd consequences justify departure plain language statute commonsense interpretation term utilize necessarily reach kind ad hoc contact private group contemplated american legion hypothetical interpretation consistent moreover regulation general services administration gsa interpreting word utilize effect ignores see infra regular use contemplated examples concerning naacp national committee president political party absurd say hypothetical groups utilized president obtain advice recommendations appointments therefore fall within coverage statute rather troublesome examples raise serious constitutional questions confront us perhaps others well confuses two points fact particular application clear terms statute might unconstitutional render straightforward application language absurd allow us conclude statute apply see infra unable show application faca according plain meaning terms absurd turns instead task demonstrating straightforward reading statute inconsistent congressional purposes lay behind passage student statutory construction move familiar one identifies classic holy trinity argument thing may within letter statute yet within statute within spirit within intention makers holy trinity supra embrace principle clear unambiguous language statute embraces certain conduct patently absurd apply statute conduct foster democratic exegesis rummage unauthoritative materials consult spirit legislation order discover alternative interpretation statute comfortable comes surprise one result lengthy journey legislative history discovery congressional intent include activities aba committee within coverage faca problem spirits tend reflect less views world whence come views seek advice lest anyone think objection use holy trinity doctrine mere point interpretive purity divorced practical considerations pause moment recall unhappy genesis doctrine unwelcome potential holy trinity faced interpretation statute made unlawful person company partnership corporation manner whatsoever prepay transportation way assist encourage importation migration alien aliens foreigner foreigners contract agreement made previous importation migration alien aliens foreigner foreigners perform labor service kind even inclined disregard unambiguous language faca join conclusions regard congress purposes find treatment legislative history one sided offer observations difficulties perceiving true contours spirit first problem use legislative history questionable relevance detailed account executive practice enactment faca background interesting instructive acknowledges even legislative history presented evinces intent widen scope coverage prior executive orders ante event language statute capacious previous narrower formulations ante indeed congress little reason legislate area intended faca nothing reflection provisions executive order cfr comp already settled governing law time bill introduced considered enacted words background faca taken illuminate breadth precisely faca altered landscape address many concerns congress increasing growth use advisory committees another problem approach lies narrow preoccupation aba committee background bill intended provide comprehensive legislation covering widespread problem organization operation federal government discussion takes portentous note fact congress mention discuss aba committee name materials preceded enactment faca hardly remarkable fact legislation passed time somewhere target committees thought existence see pp congressional reports mentioned committees name point argument reflects incorrect understanding kinds laws congress passes usually legislate specifying examples identifying broad general principles must applied particular factual instances true faca finally though stated objective inquiry legislative history identification congress purposes passing faca inquiry focus obvious place finding purposes section conference committee report entitled findings purposes section lists six findings purposes underlie faca need many existing advisory committees adequately reviewed new advisory committees established determined essential number kept minimum necessary advisory committees terminated longer carrying purposes established standards uniform procedures govern establishment operation administration duration advisory committees congress public kept informed respect number purpose membership activities cost advisory committees function advisory committees advisory matters consideration determined accordance law official agency officer involved conf pp striking section conference committee report contains congress explicit statement purposes adopting faca receives mention amble legislative history one statement quote report faca apply advisory committees directly established federal agencies ante quoting conf supra emphasis deleted uncertain value clear passage exclude aba committee established began almost advise government judicial nominees also clear reasons committee formed determine whether utilized government consideration squared plain language statute professes puzzlement report says conference committee modified definition advisory committee include phrase utilized explain extent modification detail ante one thought least led consider specific purposes congress identified legislation might shed light reasons change decision today give inadequate respect statute passed congress also gives inadequate deference gsa regulations interpreting faca already mentioned gsa interpretation faca hypothetical applications act groups american legion impossible important however plain gsa regulations aba committee covered act gsa defines utilized advisory committee committee group composed whole part officers employees federal government established existence outside agency seeking advice president agency official adopts institutional arrangements preferred source obtain advice recommendations specific issue policy within scope responsibilities manner individual obtain advice recommendations established advisory committee cfr concedes regulations present difficulties conclusion faca apply aba committee ante nevertheless relegates entire discussion controlling point appended ragged afterthought extensive discussion legislative history see ante offers four reasons slighting agency interpretation favor first told language gsa regulations like statute appears sweeping read according terms course mean either agency regulation reasonable interpretation plain language statute agency interpretation produce absurd consequences rather means agency regulation entirely consistent spirit act professes divined legislative history think sound reason ignoring binding interpretation statute rendered implementing agency second tells us questionable whether gsa regulations apply aba committee quite wrong deny committee falls squarely within terms regulations doubts issue stem entirely fact gsa annual report list aba committee one advisory committees covered faca seems without relevance one way whether gsa aware regulations cover committee matters regulations gsa adopted contain reasonable interpretation statute plainly cover committee interpretive approach issue accepted text agency regulations notice afforded upon comment received independent force third notes agency interpretation promulgated made final whereas faca passed imagine sensible principle agency regulation promulgated decade initial passage statute given less deference mere passage time draw distinction one way anything one think gsa regulation entitled deference regulation promulgated immediately passage bill least situation assurance gsa thought long hard based upon considerable experience benefits extensive notice comment promulgated administrative rule binding force law primary case cited support view see ante citing general electric gilbert pertinent although gilbert mentioned passage time discussion regulations made nothing point instead refused defer regulations flatly contradict ed position agency enunciated earlier date closer enactment governing statute however gsa regulations consistent memorandum prepared office management budget distributed government agencies immediately faca enacted see fed reg utilized language faca apply example already existing organization scholars enlisted agency provide advice continuing basis fourth justification offers ignoring agency interpretation gsa lacks statutory authority issue binding regulatory interpretation term advisory committee gilbert example agency adopted regulations issue act pursuant explicit statutory authority promulgate regulations thus regulations persuasive rather controlling force errs suggesting gsa regulations mere nonbinding administrative guidelines gsa conceded agency charged administration faca blum bacon see ante possesses statutory authority implement law promulgating regulations performing various specific tasks binding effect government agencies advisory committees see faca app ed supp see also granting statutory authority gsa promulgate regulations necessary implement federal property administrative services act issued regulations pursuant authority see cfr sum quite desirable apply faca aba committee however reach conclusion matter fair statutory construction plain ordinary meaning language passed congress governs application lead absurd results unnecessary recourse legislative history confirms conclusion reasonable controlling interpretation statute adopted agency charged implementation also accord final step summon traditional principle statutes construed avoid constitutional questions although agree first ascertain whether construction statute fairly possible constitutional question may avoided crowell benson principle stretched beyond point construction remains fairly possible given broad scope lest whole new range government action proscribed interpretive shadows cast constitutional provisions might might invalidate fact particular application clear terms statute might unconstitutional provide us justification ignoring plain meaning statute permissible power judicial review legislation made unnecessary whenever application statute potential inconsistency constitution merely opine statute cover conduct question discomforting even absurd think congress intended act unconstitutional manner utter circularity approach explains never rule ultimate interpretation faca never clearly stated except conclusion aba committee covered seems read utilized portion statute encompassing committee established organization receipt public funds ante encompassing groups formed indirectly organizations national academy sciences ante fairly possible construction statutory language even generous reader find aba committee covered faca therefore necessary reach decide constitutional issue presented ii although disagree conclusion faca cover justice department use aba committee concur judgment view application faca context plain violation appointments clause constitution essential feature issue suit one dictates result application statute encroaches upon power text constitution commits explicit terms president article ii cl constitution provides follows president shall nominate advice consent senate shall appoint ambassadors public ministers consuls judges officers whose appointments herein otherwise provided shall established law congress may law vest appointment inferior officers think proper president alone courts law heads departments act nomination president judgment alone exercised sole duty point man approbation senate fill office responsibility complete make final appointment federalist rossiter ed emphasis added office president nominate advice consent senate appoint course exertion choice part senate may defeat one choice executive oblige make another choose ratify reject choice may made emphasis original recent cases involving powers prerogatives president employed something balancing approach asking whether statute issue prevents president accomplishing constitutionally assigned functions morrison olson quoting nixon administrator general services whether extent intrusion president powers justified overriding need promote objectives within constitutional authority congress ibid cases power issue explicitly assigned text constitution within sole province president rather thought encompassed within general grant president executive power art ii cl thus example relevant aspect decision morrison involved president power remove executive officers power recognized conferred explicit provision text constitution appointment power rather inferred necessary part grant executive power see myers similarly administrator general services supra confronted question executive branch power control disposition presidential materials matter though vital president ability perform assigned functions given exclusive presidential control explicit provision constitution said proper inquiry focuses extent congressional restriction prevents executive branch accomplishing constitutionally assigned functions invalidate statute potential disruption president constitutional functions present impact justified overriding need promote objectives within constitutional authority congress see also nixon executive privilege line cases equal weight authority however constitution explicit text commits power issue exclusive control president refused tolerate intrusion legislative branch example constitution confers upon president power grant reprieves pardons offenses except cases impeachment art ii cl klein wall considered federal statute allowed citizens remained loyal union civil war recover compensation property abandoned union troops war issue validity provision statute barred admission presidential pardon actions proof loyalty although provision impose direct restrictions president power pardon held congress manner limit full legal effect president power said clear legislature change effect pardon executive change law century later schick reed reiterated direct terms principle congress interfere way president power pardon pardon power flows constitution alone modified abridged diminished congress see also ex parte garland wall ins chadha another example refusal apply balancing test assess validity enactment interferes power constitution express terms vests within exclusive control president chadha struck legislative veto provision immigration nationality act ground inter alia violated explicit constitutional requirement legislation presented president signature becoming law holding ask whether overriding need promote objectives within constitutional authority congress justified intrusion upon executive prerogative rather stated lawmaking process must adhere strict fashion xplicit unambiguous provisions constitution prescribe define respective functions congress executive legislative process justification refusal apply balancing test cases though always made explicit clear enough power committed particular branch government text constitution balance already struck constitution improper arrogate power adjust balance settled explicit terms constitution take obvious example improper us hold although constitution sets age one president age fact permissible construction term see art ii equally improper us determine level importance jury trial suit becomes available instead constitution provides see amdt minor adjustments might seen desirable attempts modernize original constitutional provisions constitution draws clear line may engage tinkering however improper slight adjustments explicit unambiguous balances struck various provisions constitution improper one three coequal branches federal government rewrite particular balance power constitution specifies among executive legislative judicial departments say three branches must entirely separate distinct governmental structure checks balances established framers see mistretta humphrey executor particular divisions power constitution fact draw without authority alter indeed empowered act particular cases prevent branch undertaking alter considerations decisive suit us president power nominate principal officers falls within line cases balancing approach inapplicable appointments clause sets respective powers executive legislative branches admirable clarity president sole responsibility nominating officials senate sole responsibility consenting president choice see supra effect already recognized much buckley valeo buckley held appointment federal election commissioners procedures inconsistent set forth appointments clause unconstitutional rejected outright arguments advanced federal election commission various amici constitution gave congress explicit plenary authority regulate field activity issue federal elections congress good reason creating commission composed wholly presidential appointees congress allow officials appointed positions without complying strict letter appointments clause stated one dispute basis congress concern election commission exist whole presidential appointees practical matter seem sought challenge incumbent congressmen might equally good reason fear commission unduly responsive members congress seeking unseat fears however rational warrant distortion framers work emphasis added reasons concur judgment affirming district address possible problems first amendment application faca aba committee although cites six cases support view agency interpretation governing statute entitled less deference reviewing five cases stand proposition quote one another general issue fact cases defer agency regulations promulgated pursuant statutory authority constituted reasonable interpretations practical applications statutory language reflected consistent agency position long standing see ante citing cases points true cases us issue raised suit respect congress power vest appointment inferior officers anyone president cf morrison olson hamilton also explained president given sole prerogative nominating principal officers sole undivided responsibility one man naturally beget livelier sense duty exact regard reputation account feel stronger obligations interested investigate care qualities requisite stations filled prefer impartiality persons may fairest pretensions federalist decision chadha might also read general principle enactment transgresses explicit distribution power text constitution regardless whether implicates legislative judicial executive power balancing inquiry appropriate need address broader principle case