airports auth citizens noise abatement argued april decided june act congress hereinafter transfer act authorized transfer operating control washington national airport national dulles international airport dulles federal department transportation petitioner metropolitan washington airports authority mwaa created compact virginia district columbia airports located virginia suburbs district dulles larger national lies rural area miles capitol national much busier airport due convenience location center metropolitan area flight paths densely populated areas generated concern among residents safety noise pollution congressional concern surrender federal control airports might result transfer significant amount traffic national dulles transfer act authorizes mwaa board directors create board review board board composed nine congressmen serve committees jurisdiction transportation issues act individual capacities board vested variety powers including authority veto decisions made mwaa directors directors adopted bylaws providing board virginia district amended legislation give mwaa powers establish board directors appointed board nine members lists submitted congress directors adopted master plan providing extensive new facilities national board voted disapprove plan subsequently respondents individuals living along national flight paths citizens abatement aircraft noise caan whose members include persons living along paths whose purposes include reduction national operations associated noise safety air pollution problems brought action seeking declaratory injunctive relief alleging board veto power unconstitutional although ruling respondents standing maintain action district granted summary judgment petitioners appeals reversed holding inter alia congress delegation veto power board violated constitutional doctrine separation powers held respondents standing accepting true claims master plan result increased noise pollution accidents alleged personal injury fairly traceable board veto power see allen wright knowledge plan subject power undoubtedly influenced mwaa directors drew plan moreover invalidation veto power prevent enactment plan relief respondents requested likely redres alleged injury ibid furthermore harm allege confined consequences possible increase national activity since board master plan injure caan making difficult fulfill goal reducing activity pp congress conditioning airports transfer upon creation board review composed congressmen veto power mwaa directors decisions violates separation powers pp petitioners argue incorrectly case raise issue board state creation neither exercises federal power acts agent congress examination board origin structure reveals entity created initiative congress powers congress mandated detail purpose protect acknowledged federal interest efficient operation airports vital smooth conduct government congressional business membership controlled congress restricted members charged authority air transportation entity necessarily exercises sufficient federal powers agent congress mandate separation powers scrutiny conclusion permit congress evade constitution carefully crafted constraints ins chadha simply delegating primary responsibility execution national policy subject veto power members congress acting individual capacities cf bowsher synar stevens concurring judgment merit petitioners contention board nevertheless immune scrutiny constitutional defects created course congress exercise power dispose federal property article iv cl south dakota dole distinguished pp congress followed constitutionally acceptable procedure delegating decisionmaking authority board forestall danger encroachment executive sphere constitution imposes two basic related constraints congress may invest members agents executive power see hampton bowsher supra exercises legislative power must follow single finely wrought exhaustively considered procedures specified article chadha supra board power considered executive constitution permit agent congress exercise however power considered legislative congress must exercised conformity bicameralism presentment requirements article although congress imposed mwaa means unique might prove innocuous statutory scheme provides blueprint extensive expansion legislative power beyond constitutionally defined role pp stevens delivered opinion blackmun scalia kennedy souter joined white filed dissenting opinion rehnquist marshall joined post deputy solicitor general shapiro argued cause respondent rule briefs acting solicitor general bryson assistant attorney general gerson clifford sloan douglas letter william coleman argued cause petitioners briefs donald bliss debra valentine patti goldman argued cause filed brief respondents citizens abatement aircraft noise et al mary sue terry attorney general lane kneedler chief deputy attorney general marshall cook deputy attorney general john mccarthy senior assistant attorney general william muse john westrick assistant attorneys general filed brief commonwealth virginia amicus curiae urging reversal justice stevens delivered opinion act congress authorizing transfer operating control two major airports federal government metropolitan washington airport authority mwaa conditioned transfer creation mwaa unique board review composed nine members congress vested veto power decisions made mwaa board directors principal question presented whether unusual statutory condition violates constitutional principle separation powers interpreted ins chadha bowsher synar springer philippine islands conclude appeals district columbia circuit condition unconstitutional congress authorized executive branch acquire tract land miles capitol construct washington national airport national stat time opened national owned operated federal government airport first managed civil aeronautics agency division commerce department stat control national shifted newly created federal aviation administration faa agency since part department transportation see stat stat years national opened truman administration proposed federal corporation formed operate airport see congressional research service federal ownership national dulles airports background analysis outlook crs report reprinted hearings subcommittee governmental efficiency district columbia senate committee governmental affairs proposal endorsed hoover commission never adopted congress instead congress authorized construction second major airport serve washington area provided federal ownership operation stat dulles international airport dulles opened direct control faa see crs report national dulles two major commercial airports owned federal government third airport baltimore washington international bwi owned state maryland also serves washington metropolitan area like dulles larger national located rural area many miles capitol location national far busiest profitable three although proposals joint operating control three airports considered plan gave rise litigation involves national dulles located virginia maryland interest overall problem explains representation board directors mwaa see app throughout history national subject controversy location center metropolitan area great convenience air travelers flight paths densely populated areas generated concern among local residents safety noise pollution living closest airport provided strongest support proposals close national transfer operations dulles see crs report despite faa history profitable operation national excellent management airports secretary transportation concluded necessary capital improvements financed either national dulles unless control airports transferred regional authority power raise money selling bonds therefore appointed advisory commission develop plan creation regional authority commission recommended proposed authority created congressionally approved compact virginia district board directors composed members serving staggered terms five members appointed governor virginia three mayor district two governor maryland one president advice consent senate see app emphasizing importance nonpolitical independent authority commission recommended members board hold elective appointive political office ibid allay concerns local interests adequately represented commission recommended requirement board members except presidential appointee reside washington metropolitan area ibid virginia district passed legislation authorizing establishment recommended regional authority see ch bill embodying advisory commission recommendations passed senate see house representatives however legislation encountered strong opposition members expressed concern surrender federal control airports might result transfer significant amount traffic national dulles see hearings subcommittee aviation house committee public works transportation substitute bills therefore drafted provide establishment review board veto power major actions mwaa board directors two proposals board review clearly acted agent congress congress received opinion department justice veto mwaa action board review plainly legislative action must conform requirements article constitution senate adopted version review board required members congress serve individual capacities representatives users airports see provision amended house senate concurred ultimately transfer act enacted defined composition powers board review much greater detail board directors compare app subparagraph specifies board review shall consist nine members congress eight serve committees jurisdiction transportation issues none may member maryland virginia district columbia subparagraph details actions must submitted board review approval include adoption budget authorization bonds promulgation regulations endorsement master plan appointment chief executive officer authority subparagraph explains disapproval board prevent submitted actions taking effect significant provisions act include paragraph authorizes board review require authority directors consider action relating airports subsection requires action changing hours operation either national dulles taken regulation therefore subject veto board review subsection contains provision disabling mwaa board directors performing action subject veto power hold board review provisions act invalid march secretary transportation mwaa entered lease complying conditions specified recently enacted transfer act see app pet cert lease provided term annual rental payments three million dollars dollars lease executed mwaa board directors adopted bylaws providing board review virginia district columbia amended legislation give mwaa power establish board review ch september directors appointed nine members board review lists submitted speaker house representatives president pro tempore senate app march mwaa board directors adopted master plan providing construction new terminal national gates capable handling larger aircraft additional taxiway turnoff reduce aircraft time runway thereby improve airport capacity new roadway system new parking facilities april board review met voted disapprove master plan ii november citizens abatement aircraft noise two individuals reside flight paths aircraft departing arriving national collectively caan brought action caan sought declaration board review power veto actions mwaa board directors unconstitutional injunction action board review well action board directors subject board review approval complaint alleged members caan live flight paths national caan primary purpose develop implement transportation policy washington area include balanced service among three major airports thus reducing operations national alleviating noise safety air pollution problems associated operations complaint named mwaa board review defendants district granted defendants motion summary judgment dc preliminary matter however held plaintiffs standing maintain action two reasons first master plan facilitate increased activity national harmful plaintiffs second composition board review diminishes influence caan airport user issues since local congressmen senators ineligible service board merits district concluded violation doctrine separation powers members board review acted individual capacities representatives airport users therefore board agent congress moreover board powers derived legislation enacted virginia district implemented mwaa bylaws rather transfer act short congress exercises federal power act overstep constitutionally designated bounds ibid divided panel appeals district columbia circuit reversed app agreed plaintiffs standing alleged distinct palpable injury fairly traceable implementation master plan favorable ruling prevent mwaa implementing plan merits majority concluded wholly unrealistic view board review solely creature state law immune separation powers scrutiny federal law required establishment board defined powers held board essence congressional agent disapproval powers key operational decisions quintessentially executive therefore violated separation powers ibid dissenting judge emphasizing importance construing federal statutes avoid constitutional questions fairly possible concluded board review characterized federal entity even characterized members consistent constitution serve individual capacities even though members congress importance constitutional question granted mwaa petition certiorari although intervened appeals support constitutionality transfer act see join mwaa petition certiorari respondent pursuant rule taken position transfer act constitutional iii petitioners mwaa board review renew challenge respondents standing rejected district appeals establish standing respondents must allege personal injury fairly traceable defendant allegedly unlawful conduct likely redressed requested relief allen wright petitioners argue respondents asserted injuries caused factors independent board review veto power injuries cured invalidation board review believe petitioners mistaken respondents alleged master plan allows increased air traffic national consequent increase accident risks noise pollution app purposes ruling motion dismiss want standing trial reviewing courts must accept true material allegations complaint warth seldin accept master plan provisions result increased noise pollution danger accidents personal injury respondents fairly traceable board review veto power knowledge master plan subject veto power undoubtedly influenced mwaa board directors drew plan invalidation veto power prevent enactment master plan see app relief respondents requested likely redress alleged injury moreover harm respondents alleged confined consequences possible increase level activity national harm also includes creation impediment reduction activity see app board review created congress mechanism preserve operations national present level higher level possible see supra board review master plan even petitioners acknowledge minimum brief petitioners therefore injure caan making difficult caan reduce noise activity national iv petitioners argue case raise separation powers issue board review neither exercises federal power acts agent congress examining origin structure board conclude petitioners incorrect petitioners lay great stress fact board review established bylaws mwaa created legislation enacted state virginia district columbia putting aside unsettled question whether district columbia acts state agent federal government separation powers purposes believe fact board review created state enactments enough immunize separation powers review several factors combine mandate result control national dulles originally federal hands transferred mwaa subject condition create board review congress placed significance board required board invalidation prevent airports authority taking action subject board oversight see app moreover federal government strong continuing interest efficient operation airports vital smooth conduct government business especially work congress whose members must maintain offices washington districts represent must shuttle back forth according dictates busy often unpredictable schedules federal interest identified preamble transfer act justified presidential appointee board directors motivated creation board review structure powers congress mandated detail see significant membership board review limited federal officials specifically members congressional committees charged authority air transportation members congress serve board nominally serve individual capacities representatives users airports prevent group officials qualifying congressional agent exercising federal authority purposes recently held separation powers analysis turn labeling activity mistretta transfer act imposes requirement members congress appointed board actually users airports rather act imposes requirement board members congressional responsibilities related federal regulation air transportation regulation facts belie ipse dixit board members act individual capacities although legislative history necessary conclusion board members act official congressional capacities floor debates house confirm view see bill also provides continuing congressional review major decisions new airport authority congressional board still veto power new airport authority annual budget issuance bonds regulations master plan naming chief executive officer lehman addition motion provides continued congressional control airports congress retain oversight board review made nine members congress board right overturn major decisions airport authority coughlin plan congress retains enough control airports deal unseen pitfalls resulting transfer authority getting cake eating beauty deal congress retains control without spending dime smith however congressional board established hat board established make sure nation interest congressional interest attended consideration two airports operated hoyer bill give congressional control oversight remains congressional board review conte understand one concern members leasing airports local authority losing control fact bill exactly opposite true control hammerschmidt congress body also exercises substantial power appointment removal particular members congress serve board transfer act provides board shall consist two members public works transportation committee two members appropriations committee house representatives list provided speaker house two members commerce science transportation committee two members appropriations committee senate list provided president pro tempore senate one member chosen alternately list provided speaker house president pro tempore senate respectively app significantly appointments must made lists requirement lists contain recommendations number board openings cf sentencing reform act upheld mistretta required president conside recommendations judicial conference congressional commission recommend individuals selection comptroller general list system combined congressional authority committee assignments guarantees congress effective control appointments control committee assignments also gives congress effective removal power board members depriving board member membership relevant committees deprives member authority sit board see app board shall consist relevant committee members thus confront entity created initiative congress powers congress delineated purpose protect acknowledged federal interest membership restricted congressional officials entity necessarily exercises sufficient federal power agent congress mandate separation powers scrutiny conclusion permit congress evade carefully crafted constraints constitution ins chadha simply delegating primary responsibility execution national policy subject veto power members congress acting individual capacities cf bowsher synar stevens concurring judgment petitioners contend board review nevertheless immune scrutiny constitutional defects created course congress exercise power dispose federal property see art iv cl south dakota dole held grant highway funds state conditioned state prohibition possession alcoholic beverages persons age lawful exercise congress power spend money general welfare see art cl even assuming congress might lack power impose national minimum drinking age directly held indirect encouragement state action valid use spending power dole thus concluded congress endeavor accomplish federal objective regulating national drinking age indirect use spending power even though regulatory authority otherwise matter within state control pursuant amendment holding dole involve separation powers principles concerned allocation power federal government reasoning absent coercion sovereign state incentive ability protect rights powers therefore may cede rights powers see inapplicable issue presented case unlike dole question federal power operate airports question whether maintenance federal control airports means board review allegedly federal instrumentality invalid invades state power congress continued control violates principle aim protect whole people improvident laws chadha nothing opinion dole implied highway grant state conditioned state creating highway board review composed members congress must therefore consider whether powers board review may consistent separation powers exercised agent congress national dulles property federal government operations directly affect interstate commerce doubt concerning ultimate power congress enact legislation defining policies govern operations congress formulate details enact general standards assign executive branch responsibility making necessary managerial decisions conformance standards question presented whether legislature followed constitutionally acceptable procedure delegating decisionmaking authority board review structure government conceived framers constitution disperses federal power among three branches legislative executive judicial placing substantive procedural limitations ultimate purpose separation powers protect liberty security governed former attorney general levi explained essence separation powers concept formulated founders political experience philosophy revolutionary era branch different ways within sphere defined powers subject distinct institutional responsibilities others essential liberty security people branch way people agent fiduciary certain purposes fiduciaries meet obligations arrogating distinct duties master agents levi aspects separation powers time reaffirmed importance constitutional scheme separation governmental powers three coordinate branches see bowsher synar citing humphrey executor stated buckley valeo system separated powers checks balances established constitution regarded framers safeguard encroachment aggrandizement one branch expense hesitated invalidate provisions law violate principle see morrison olson denied power encroaching nature effectually restrained passing limits assigned founders republics seem never moment turned eyes danger liberty overgrown prerogative hereditary magistrate supported fortified hereditary branch legislative authority seem never recollected danger legislative usurpations assembling power hands must lead tyranny threatened executive usurpations enterprising ambition department people indulge jealousy exhaust precautions legislative department derives superiority governments circumstances constitutional powers extensive less susceptible precise limits greater facility mask complicated indirect measures encroachments makes coordinate departments unfrequently question real nicety legislative bodies whether operation particular measure extend beyond legislative sphere federalist pp cooke ed first constraint illustrated holdings springer philippine islands bowsher synar springer involved validity acts philippine legislature authorized committee three two legislators one executive vote corporate stock owned philippine government organic act philippine islands incorporated separation powers principle challenged statute authorized two legislators perform executive function controlling management corporations held statutes invalid recent decision bowsher involved delegation authority comptroller general revise federal budget concluding comptroller general effect agent congress held exercise executive powers permit execution laws vested officer answerable congress practical terms reserve congress control execution laws structure constitution permit congress execute laws follows congress grant officer control possess bowsher respondents rely constraints challenge board review appeals found unnecessary discuss second constraint satisfied power exercised board review key operational decisions quintessentially executive app need agree disagree characterization appeals conclude board review power constitutionally impermissible power executive constitution permit agent congress exercise power legislative congress must exercise conformity bicameralism presentment requirements art short congress takes action ha purpose effect altering legal rights duties relations persons outside legislative branch must take action procedures authorized constitution see chadha one might argue provision board review kind practical accommodation legislature executive permitted workable government admittedly congress imposed regional authority created district columbia commonwealth virginia means unique might prove innocuous however statutory scheme challenged today provides blueprint extensive expansion legislative power beyond constitutionally confined role given scope federal power dispense benefits variety forms subject host statutory conditions congress board review valid use similar expedients enable members agents retain control outside ordinary legislative process activities state grant recipients charged executing virtually every aspect national policy james madison presciently observed legislature greater facility mask complicated indirect measures encroachments makes coordinate departments federalist heeding warning legislative power encroaching nature conclude board review impermissible encroachment judgment appeals affirmed ordered footnotes three airports national nation busiest airport handles far traffic airports handled passenger volumes national million dulles million bwi million measures airport activity also indicate much greater activity level national combined basis airports earned federal government profit million profit however entirely result activity national dulles consistently operates deficit bwi long ago operated loss consistent moneymaker maryland crs report question daily management airports metropolitan washington airports unit faa excellent however inclusion airports unified federal budget generally stymied efforts improve facilities either airport keep pace growing commercial air travel needs washington area major capital projects financed either airport federal appropriations since construction dulles early given continuing need limit federal expenditures reduce federal deficits unlikely significant capital improvements undertaken airports foreseeable future two suggestions made staff present substantial constitutional problems first proposals create federal board directors consisting three members house appointed speaker three members senate appointed president pro tempore comptroller general proposed federal board clearly unconstitutional reality federal board committee congress plus comptroller general clearly legislative officer committee authorized bill veto certain types actions otherwise within airports authority power applicable state law absence federal board airports authority implement decisions without review approval disapproval federal board particular action thus purpose effect altering legal rights duties relations persons outside legislative branch ins chadha plainly legislative action must conform requirements article section constitution passage houses approval president id congress directly vest federal board authority veto decisions made airports authority authorize one house one committee one officer overturn attorney general decision allow deportable alien remain reject rules implemented executive agency pursuant delegated authority dictate mandatory budget cuts made president overturn decision made state agency app footnotes omitted board directors shall subject review actions requests accordance subsection board review airports authority board review shall established board directors shall consist following individual capacities representatives users metropolitan washington airports two members public works transportation committee two members appropriations committee house representatives list provided speaker house two members commerce science transportation committee two members appropriations committee senate list provided president pro tempore senate one member chosen alternatively members house representatives members senate list provided speaker house president pro tempore senate respectively members board review shall elect chairman member house representatives senate maryland virginia delegate district columbia may serve board review app following actions referred subparagraph adoption annual budget ii authorization issuance bonds iii adoption amendment repeal regulation iv adoption revision master plan including proposal land acquisition appointment chief executive officer action disapproved paragraph shall take effect unless annual budget fiscal year taken effect accordance paragraph airports authority may obligate expend money fiscal year except debt service previously authorized obligations ii obligations expenditures previously authorized capital expenditures routine operating expenses board review may request airports authority consider vote report matter related metropolitan washington airports upon receipt request airports authority shall consider vote report matter promptly feasible action airports authority changing effect changing hours operation type aircraft serving either metropolitan washington airports may taken regulation airports authority board review established subsection section unable carry functions subchapter reason judicial order airports authority shall authority perform actions required paragraph section submitted board review district also rejected arguments case ripe review plaintiffs failed exhaust administrative remedies rule provides parties proceeding whose judgment sought reviewed shall deemed parties unless petitioner notifies clerk writing petitioner belief one parties interest outcome petition parties petitioners shall respondents even though technically respondent rule shall use term respondents refer solely plaintiffs support position taken petitioners dissent argues exercise state authority sufficient validate statutorily imposed condition like one case massive loophole separation powers opened brief according condition case constitutional reasonable basis appointment members congress individual capacities lower courts petitioners also challenged action ripeness grounds although petitioners press issue appeal concerns jurisdiction article iii must consider question initiative see liberty mutual ins wetzel trouble concluding however challenge board review veto power ripe even veto power exercised respondents detriment threat veto hangs board directors like sword damocles creating subservience board review sufficient raise constitutional questions see bowsher synar congress finds federal government continuing limited interest operation two federally owned airports serve travel cargo needs entire metropolitan washington region well district columbia national seat government app thus whether statute gives airports authority formal appointment removal power board review irrelevant also irrelevant separation powers purposes likelihood congress discipline board members depriving committee membership see bowsher rejecting relevance likelihood congress actually remove comptroller general dissenting judge appeals suggested constitutional problem avoided reading statute requirement board members members particular congressional committees applying time appointment see app mikva dissenting dispute statutes interpreted possible avoid constitutional difficulties see edward debartolo florida gulf coast building construction trades council however statutory language unambiguously requires board review shall consist members certain congressional committees transfer act fairly read impose requirement time appointment petitioners place great weight fact framers constitutional convention expressly rejected constitutional provision prohibited individual holding state federal office brief petitioners brief framers apparently concerned prohibition limit pool talented citizens one level government see farrand records federal convention pp neither petitioners however point endorsement framers offices nominally created state concurrent federal office prerequisite art iv cl provides relevant part congress shall power dispose make needful rules regulations respecting territory property belonging amdt provides section eighteenth article amendment constitution hereby repealed sec transportation importation state territory possession delivery use therein intoxicating liquors violation laws thereof hereby prohibited sec article shall inoperative unless shall ratified amendment constitution conventions several provided constitution within seven years date submission hereof congress emphasized chadha congress legislates makes binding policy must follow procedures prescribed article neither unquestioned urgency national budget crisis comptroller general proud record professionalism dedication provides justification allowing congressional agent set policy binds nation rather turning task agent legislative branch decides act conclusive effect must process akin specified fallback provision enactment houses presentment president bowsher stevens concurring judgment congress free delegate policymaking authority one components one agents able evade carefully crafted restraints spelled constitution chadha bowsher stevens concurring judgment constitution permit congress part congress take actions effects outside legislative branch means provisions art include least power house alone initiate impeachments art cl power senate alone try impeachments art cl power senate alone approve disapprove presidential appointments art ii cl power senate alone ratify treaties art ii cl see also art ii amdt congressional role presidential election process art congressional role amendment process moreover congress course manage affairs without complying constraints art see chadha bowsher stevens concurring constitution diffuses power better secure liberty also contemplates practice integrate dispersed powers workable government enjoins upon branches separateness interdependence autonomy reciprocity youngstown sheet tube sawyer jackson concurring invalidate board review basic separation powers principles need address respondents claim members congress serve board violation incompatibility ineligibility clauses see art also express opinion whether appointment process board review contravenes appointments clause art cl justice white chief justice justice marshall join dissenting today strikes yet another innovative otherwise lawful governmental experiment name separation powers reach result majority must strain bring state enactments within ambit doctrine hitherto applicable federal government strain extend doctrine even though congress executive argue constitutionality arrangement invalidates efforts untenable violate cardinal principle first ascertain whether construction statute fairly possible constitutional question may avoided ashwander tva brandeis concurring quoting crowell benson also untenable separation powers cases way compel decision majority reaches first time history employs separation powers doctrine invalidate body created state law majority justifies unprecedented step ground board review exercises sufficient federal power mandate separation powers scrutiny ante conclusion follows claimed board presently constituted exist conditions set congress metropolitan washington airports act app unprecedented rationale insufficient least two counts reasoning fails first ignores plain terms every instrument relevant case errs also misapprehends nature transfer act lawful exercise congressional authority property clause art iv cl airports authority authority board clearly creatures state law authority came exclusively virtue acts passed commonwealth virginia acts ch district columbia enactments expressly declared authority public body corporate politic independent bodies powers conferred upon legislative authorities commonwealth virginia district acts ch transfer act acknowledged authority powers jurisdiction conferred upon jointly legislative authority commonwealth virginia district columbia independent federal government app transfer act secretary transportation authority negotiated lease defined powers composition board established lease art see app pet cert even board come existence authority adopted bylaws establishing bylaws art iv see app pet cert allay doubt board provenance virginia district amended enabling legislation make explicit authority power establish board state law see ch subd par specific features board consistent status entity airports act lease contemplated bylaws provide board consist nine members congress board directors appoint app lease art app pet cert bylaws art iv app pet cert contemplated transfer act lease bylaws also make clear members congress sit congressional agents individual capacities representatives users metropolitan washington airports ibid ensure board members protect interests nationwide users bylaws provide members congress virginia maryland district columbia ineligible emphasized oing behind plain language statute search possibly contrary intent step taken cautiously even best circumstances american tobacco patterson quoting piper industries nowhere caution greater flirts embracing serious constitutional problems expense constru ing statute avoid problems edward debartolo florida gulf coast building construction trades council see murray charming betsy cranch marshall majority nonetheless offers three reasons taking steps first control airports originally federal hands transferred subject condition create board ante second federal government strong continuing interest efficient operation airports ante finally significant membership board review limited federal officials ibid words congress effect created body effect discharges ongoing interest federal government federal officials effect serve congressional agents picture stands stark contrast drawn applicable enactments agreements noted establish authority given power create body safeguard interests nationwide travelers means federal officials serving individual capacities sure held separation powers analysis turn labeling activity instead looks practical consequences mistretta observation however give license supplant careful work airports authority virginia district federal executive congress punditry especially instruments consideration merely label detail arrangement unconstitutional consequences pure speculation initial matter board may existed congress follow congress created board even congress role factor mandating separation powers scrutiny congressional suggestion render subsequent independent state actions federal ones aside clear statutory language majority conclusion ignores entire series voluntary intervening actions agreements enactments part federal executive virginia district authority without transfer act nullity board review existed congress commonly enacts conditional transfers federal resources see fullilove klutznick lau nichols steward machine davis doctrine know bounds transfers compelled application state enactments result likewise nothing charges board oversight strong continuing interest federal government much less conducting oversight agent congress despite disclaimers majority quick point portions legislative history various members congress state belief board insure congressional control airports ante legislative history contains statements support declaration relevant enactments members congress sit body individual capacities safeguard interests frequent nationwide users point members house senate executive agreed representative hammerschmidt example stated purpose board review composed congressmen protect interests users two airports senator kassebaum contended members congress purpose since ost members intensely interested amount service certain cities national dulles secretary treasury dole echoed sentiments testifying members congress heavy users air transportation system hearing subcommittee aviation house committee public works transportation considered creature state law board offends constitutional provision doctrine assert congressional membership entity without violates incompatibility ineligibility clauses art cl express terms provisions prohibit members congress serving another federal office say nothing bar congressional service state offices contrary framers considered rejected bar farrand records federal convention pp ed roger sherman observed maintaining state ineligibility requirement amount erecting kingdom war historical practice first congress confirms conventions sentiments insofar several members simultaneously sat state legislators judges see biographical directory congress pp held actions members first congress provide weighty evidence constitution meaning bowsher synar constitutional text history leave question virginia district columbia constitutionally agree pass reciprocal legislation creating body nonfederal officers appoint members congress functioning individual capacities one case contends otherwise haste extend doctrine even less defensible light federal statute relies far transforming board federal entity airports act confirms board constitutionality inasmuch statute legitimate exercise congressional authority property clause art iv cl overlook fact must ignore plain meaning time plain meaning controlling precedent regarding congress coextensive authority spending clause ibid majority acknowledges south dakota dole held congress condition grant federal funds state state raising drinking age even assuming congress power mandate minimum national drinking age directly majority fails acknowledge holding way turned state incentive ability protect rights powers ante rather stated congress exercise spending authority long conditional grant funds violate independent constitutional bar dole supra quoting lawrence county school dole defined constraint follows independent constitutional bar limitation spending power prohibition indirect achievement objectives congress empowered achieve directly instead think language earlier opinions stands unexceptional proposition spending power may used induce engage activities unconstitutional thus example grant federal funds conditioned invidiously discriminatory state action infliction cruel unusual punishment illegitimate exercise congress broad spending power south dakota succumb blandishments offered congress raise drinking age state action violate constitutional rights anyone emphasis added question dole faithfully read places board outside scope separation powers scrutiny noted one suggests virginia district columbia created board review nonfederal officers appoint members congress congress offered inducement airports act therefore induce engage activities unconstitutional assertion case involves rare circumstance financial inducement offered congress might coercive pass point pressure turns compulsion dole supra quoting steward machine dole congress authorized secretary transportation withdraw funding fail comply certain conditions congress merely indicated federal control national dulles continue given failure comply certain conditions virginia district may sorely wanted control airports placing conditions desire however amount compulsion dole therefore requires precisely majority denies rejection separation powers doctrine independent bar congress conditioning lease federal property case ii even assuming separation powers principles apply hold board unconstitutional extending principles unwarranted fashion majority contends otherwise reasoning constitution requires today result whether board exercises executive legislative power ante yet never struck body separation powers grounds neither congress executive oppose absurd suggest board power represents type legislative usurpatio assembling power hands must lead tyranny concerned framers federalist supra madison point clear board offend separation powers principles either cases dealing executive power decisions concerning legislative authority based faulty premise board exercising federal power first reasons board power executive constitution permit agent congress exercise ante majority however rely constitutional provisions directly point incompatibility ineligibility clauses members congress may serve another office authority art cl board exercise executive authority federal nature need say anything congressional membership board violated express constitutional limitations majority failure either unaccountable suggests harbors certain discomfort position board fact exercises significant federal power whichever case instead relies expanding nontextual principles articulated bowsher synar bowsher echoing springer philippine islands held constitution prevented legislative agents exercising executive authority bowsher supra asserts board effect controlled congress analysis hitherto employed recognize congressional control however show case bowsher made clear critical factor determining whether official subservient congress degree congress maintains power removal bowsher supra congress draw either branch power remove right participate exercise removal federal executive officer myers congress exercises power unlike statutes struck bowsher myers transfer act contains provision authorizing congress discharge anyone board instead express mention removal authority board members enactment occurs resolutions passed board directors bylaws resolutions provide members board shall sit fixed terms may removed board directors cause see resolution june app resolution app arrangement consistent settled principle power removal result natural implication power appointing annals cong statement madison see carlucci doe myers supra majority counters congress maintains effective removal power board members depriving board member membership certain congressional committees deprives member authority sit board ante conclusion rests faulty premise airports act requires removal board member leaves particular committee act say rather merely members board shall consist members congress sit certain specified committees app moreover act elsewhere provides standard term service board six years term spans three congresses suggests board member tenure need turn continuing committee even congressional status date member board removed lost committee post tr oral arg seizes upon less plausible interpretation reach constitutional infirmity despite elementary rule every reasonable construction must resorted order save statute unconstitutionality debartolo quoting hooper california see ashwander congress improperly influenced appointment process ordinarily less important factor analysis event authority bylaws reflecting lease transfer act provide board consist two members house appropriations committee house public works committee senate appropriations committee senate commerce science transportation committee well additional member house senate bylaws art iv app pet cert see lease art app pet cert board directors appoints members lists provided speaker house president pro tempore senate majority provisions add impermissible congressional control cases point opposite conclusion twice recent terms considered similar mechanisms without suggesting raised constitutional concern bowsher voiced qualms concerning presidential appointment comptroller general list three individuals suggested house speaker president pro tempore likewise mistretta upheld congress authority require president appoint three federal judges sentencing commission considering list six judges recommended judicial conference majority attempts distinguish cases asserting lists involved merely recommendations whereas board must chosen submitted lists issue ante fair reading requirement shows board may chosen outside lists perfectly plausible infer directors free reject candidates lists acceptable names submitted difficult see marginal difference remain list processes bowsher mistretta one hand case possess constitutional importance sharp contrast springer readily distinguished instance buckley valeo struck scheme legislature usurped appointment authority coequal coordinate branch government springer congress neither expressly substantively vested appointment power appropriated appointment power properly lodged president recent case law also compels approval board composition majority makes much requirement appointees board must members enumerated congressional committees ante committee membership argument goes somehow belies express declaration members congress sit individual capacities representatives frequent nationwide travelers mistretta however refused disqualify federal judges sitting individual capacities exercising nonjudicial authority simply possessed judicial expertise relevant posts sentencing commission difficult see members congress sitting individual capacities disqualified exercising nonlegislative authority legislative expertise enhanced membership key transportation finance committees relevant posts board refuse invalidate board members well qualified majority alternatively suggests board wields unconstitutional legislative veto contrary ins chadha board power legislative opines congress must exercise conformity bicameralism presentment requirements art ante problem theory board exercising federal power power legislative neither board serve agent congress case majority never makes mind whether claim board exercises legislative executive authority appeals however doubts concluding board authority quintessentially executive app judge mikva dissent operated assumption see accord dc federal firefighters association local dc federal authority wielded board lower courts characterization surely correct transfer airports authority national dulles managed federal aviation administration turn succeeded civil aeronautics agency ante question two agencies exercised paradigmatic executive power transfer airports way altered power hands authority chadha contrast question least among one member power alien deportability legislative white dissenting see powell concurring judgment chadha therefore inapposite even questionable reliance bowsher suggest requirements bicameralism presentment apply actions quintessentially executive entity concurrence case explored theory stevens concurring judgment never held board authority order ever held exercise legislative power subject standards prescribed art chadha supra majority make reaching past precedents important case viewing board congressional agent even less compelling context article reference article ii chadha dealt exercise congressional authority form resolution passed either house bowsher involved situation congressional control least arguable since comptroller general labored numerous express statutory obligations congress see stevens concurring judgment even adopt theory control subjected actions comptroller general bicameralism presentment requirements instead held congress power removal amounted unconstitutional intrusion executive authority contrast board operates obligations congress sort contrary every relevant instrument declares members congress sit individual capacities representatives users metropolitan washington airports bylaws art iv app pet cert lease art app pet cert app may well instances significant congressional presence mandate extension principles set forth chadha plainly one iii majority claims retreat settled rule hen asked invalidate statutory provision approved houses congress signed president compelling constitutional reasons mistretta quoting bowsher supra stevens rule apply even greater force arrangement challenge also approved functionally two state legislatures two state executives since compelling constitutional reasons relied past separation powers decisions insufficient strike board inflate reasons needlessly defend today decision follow along course board violates none principles set forth cases still less provide blueprint extensive expansion legislative power beyond constitutionally confined role ante view utterly ignores executive ability protect among things ample power veto congress ever undertake improbable projects transferring national parklands condition agents control oversight see brief respondents little doubt president equal task safeguarding interests least finally said board reflects propensity legislative department intrude upon rights absorb powers departments framers feared federalist hamilton accordingly dissent district columbia course state constitution see hepburn dundas ellzey cranch nonetheless neither respondents appeals contend airports authority federal entity derives authority delegation district well virginia purposes separation powers limitations power district delegated authority operates functional equivalent state local power cf key doyle district columbia john thompson conclusion follows additional force since district currently acts home rule authority see district columbia governmental reorganization act stat majority suggest authority partial district columbia parentage furnishes basis subjecting board separation powers analysis ante say congress condition grant property state enactment consenting exercise federal lawmaking powers congress individual members exercise consistently article situation explained board exercise federal power reasons historical exposition entirely relevant majority attempts clear path decision stressing framers fear overweaning legislative authority ante seriously maintained however basis fearing legislative encroachment increased even persisted rather substantially diminished one point congress may reigned branch much framers predicted see wilson congressional government longer century witnessed vast increase power congress transferred executive see ins chadha white dissenting given shift constitutional balance framers fears legislative tyranny ring hollow invoked portray body like board serious encroachment powers executive