The Buckley Court’s entire analysis is predicated upon its construction of the appointments clause in the context of its ‘cognate’ separation-of-powers provisions, The decision, as in Germaine and the other appointments clause cases, was concerned with determining the status of an individual who was employed by the United States. The Court’s definition thus was employed to distinguish between classes of federal employees; it was not used to distinguish between federal and nonfederal employees. Since the two questions differ radically, it is hardly surprising that a standard helpful in resolving one leads to absurd results when applied to the other.
O.L
Dale D. Goble, , I J. Envtl. L. Litig. 11, — text at note 172 (1986); find together with Harold J. Krent, Fragmenting the newest Unitary Administrator: Congressional Delegations of Administrative Power Away from National, 85 Nw.