Rationale:

Democracy depends not only upon directly elected government leaders. It also requires the stable and efficient functioning of enduring democratic institutions. Independent Commissions, established and regulated by Congress, provide for a wide range of governmental services and responsibilities to throughout periods of political change.

Independent Commissions appoint and supervise the directors of many governmental agencies. Competent administration of these agencies usually requires both expertise and experience in a particular field. The stable functioning of these institutions, therefore, would be undermined if the agency leadership were supplanted each time a new President were elected or a new party established a majority in Congress.

Consider the Post Office, an agency currently run by an Independent Commission. Mail delivery is an essential service of the federal government valued by the vast majority of the citizenry. Successful administration of the Post Office is enhanced when the director of the agency has specific expertise and experience in this field. Rarely, are there issues of political concern regarding the management of the Post Office. Competent management is the primary goal. Competent management is enhanced when the leadership of the agency is insulated from changes in the political landscape. Thus, the Post Office is set up as an Independent Commission, rather than an agency under the direct control of the President.

Ultimately, however, Independent Commissions must be accountable to the citizenry of the nation. It is unfeasible to hold nationwide elections for the directorship of each federal agency currently established as an Independent Commission. Thus, the members of the commissions who hire and supervise the directors of these agencies are appointed by elected leaders. This new Constitution stipulates that seats of each commission are appointed by different government leaders (the President, Vice-President, and leaders of Congress). The distribution of power to make appointments ensures that no single elected leader wields control over the commission.

Consider the Central Intelligence Agency, also established as an Independent Commission. The gathering of international intelligence is an important function of the federal government. Unlike the Post Office, however, more of the CIA’s activities are subject to partisan differences. If the agency were under the complete control of the President, it’s activities might be radically altered from one President to the next. Stable leadership is what allows the CIA to continue to operate competently and efficiently over time. Stable leadership is also needed to ensure that a President does not co-opt the agency for their personal political gain, or use the agency for covert and illegal activity.

Independent Commissions contribute to the efficiency and stability of the federal agencies they manage. By distributing the appointments to the seats on these commissions, direct control by any single elected official is prevented. This allows the agency managed by the commission to provide its designated service based upon the enduring best interests of the nation as a whole. It also allows the agency to retain “institutional memory” and experienced leadership. Whenever appointed commissioners or agency directors directors are suspected of abuse, the judicial branch retains the authority to investigate and try any crimes committed.

Independent Commissions are subject to change over time. As new commissioners gradually replace existing commissioners the leadership composition of the commission may shift to reflect the values of the elected leaders making the new appointments. These shifts are important, so that the commissions and their respective agencies are responsive to the changing will of the electorate. But the shifts best occur gradually enough to maintain stability and competence in the agencies. Meanwhile, Congress and the President (or 2/3 of Congress), if they choose to pass new legislation, retain the right to make immediate shifts in the functioning of Independent Commissions whenever they deem necessary. Independent Commissions are alway obliged to operate within existing law.