Page 91 - Fruits from a Poisonous Tree

Mel Stamper 75

not an agency consisting of over 100,000 employees. Neither the Bureau
nor the Service was actually created by any of these acts. Congressman Pat
Danner has acknowledged this deficiency: “You are quite correct when you
state that an organization with the actual name ‘Internal Revenue Service’
was not established by law.”

EXAMPLES OF THE CREATION OF PUBLIC OFFICES

Offices of the United States are extremely easy to create. To establish a
public office, all Congress has done historically was to enact legislation that
expressly declared that an office was being created. For example, on February
14, 1903, Congress created the Department of Commerce and Labor, 32
Stat. 825:
“That there shall be at the seat of government an executive department
to be known as the Department of Commerce and Labor, and a Secretary of
Commerce and Labor, who shall be the head thereof, who shall be appointed
by the President, by and with the advice and consent of the Senate...”
Review of this particular statute demonstrates that this department was
expressly created and that it plainly was one that constituted an office of the
United States and its secretary was a cabinet officer.
But this is not the only example; there is a multitude of others. During
the Civil War, Congress established a variety of bureaus. On July 5, 1862,
Congress enacted a law which established several bureaus in the Navy
Department, 12 Stat. 510:
“That there shall be established in the Navy Department the following
bureaus, to wit:
“First. A Bureau of Yards and Docks.
“Second. A Bureau of Equipment and Recruiting.
“Third. A Bureau of Navigation.
“Fourth. A Bureau of Ordnance.
“Fifth. A Bureau of Construction and Repair.
“Sixth. A Bureau of Steam Engineering.
“Seventh. A Bureau of Provisions and Clothing.
“Eighth. A Bureau of Medicine and Surgery.”
On June 20, 1864, Congress created a bureau to dispense military justice,
13 Stat. 144, 145: