Practice question
Congress amends the statute governing the National Labor Relations Commission to require Commission on Appointments confirmation of its chair and commissioners. Supporters argue that any appointment Congress authorizes the President to make can be subjected to confirmation by ordinary statute. An appointment is challenged solely for lack of that added confirmation. Which analysis follows Calderon v. Carale?
- Congress may expand the Commission's jurisdiction without constitutional limit
- Every statutory commission is automatically a Constitutional Commission
- An ordinary statute cannot enlarge the constitutionally defined confirmation power in this manner
- The requirement is valid if the appointee agrees
- The Commission may add new offices by its internal rules alone
Legal references
- 1987 Constitution, Article VII, Sections 3 and 16; Article VIII, Section 9: https://lawphil.net/consti/cons1987.html
- Calderon v. Carale, G.R. No. 91636, April 23, 1992: https://lawphil.net/judjuris/juri1992/apr1992/gr_91636_1992.html
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