Page 92 - Fruits from a Poisonous Tree

76 Fruit from a Poisonous Tree

“Sec. 5. And be it further enacted, that there shall be attached to, and
made a part of, the War Department, during the continuance of the present
rebellion, a bureau, to be known as the Bureau of Military Justice...”
Later on March 3, 1865, Congress established another similar bureau,
13 Stat. 507:
“That there is hereby established in the War Department, to continue
during the present war of rebellion, and for one year thereafter, a bureau of
refugees, freedmen, and abandoned lands... The said bureau shall be under
the management and control of a commissioner to be appointed by the
President, by and with the advice and consent of the Senate...”
Many public offices have been created as required by the Constitution.
On May 29, 1884, Congress created the following bureau, 23 Stat. 31:
“That the Commissioner of Agriculture shall organize in his Department
a Bureau of Animal Industry, and shall appoint a Chief thereof...”
See also 42 Stat. 139, 140: “Sec. 8. That there is hereby created and
established in the Department of the Navy a Bureau of Aeronautics...”
On May 27, 1930, a bureau was established in the Justice Department,
46 Stat. 427: “There shall be in the Department of Justice a Bureau of
Prohibition, at the head of which shall be a Director of Prohibition. The
Director of Prohibition shall be appointed by the Attorney General, without
regard to the civil service laws...”
These simple examples show that Congress is well aware of how to
establish public offices pursuant to the Constitution. Congress surely knew
how to and did create bureaus during the Civil War, but it has never seen any
urgency in creating an “Internal Revenue Service.”

OFFICERS OF THE UNITED STATES

The Constitution of the United States makes provision for the manner
and method of appointing “Officers of the United States.
Art. II, §2, cl. 2 of the Constitution, the President “…shall nominate,
and by and with the Advice and Consent of the Senate, shall appoint
Ambassadors, other public Ministers and Consuls, Judges of the supreme
Court, and all other Officers of the United States, whose Appointments are
not herein otherwise provided for, and which shall be established by Law: but
the Congress may by Law vest the Appointment of such inferior Officers,
as they think proper, in the President alone, in the Courts of Law, or in the
Heads of Departments.”