The Dodd Plan and Separation of Powers

Prof. Michael Froomkin makes a point that I had meant to put into my summary: The Emergency Oversight Board set up under the Dodd Plan has both executive-branch and legislative-branch officials on it, which raises the issue of separation of powers:

I agree this isn't an oversight board as we usually understand it, since it has no powers other than advising and making reports.

It's important to note, however, that so long as the board -- whatever you call it -- has members appointed directly by members of Congress, then the separation of powers (as repeatedly and forcefully enunciated by the Supreme Court) excludes the board from the exercise of ANY executive power.

(If you want a body that can do more than study and recommend, all members must be appointed by the President, or maybe by the Secretary.)

To oversee something is not the same as directing it. I don't think I agree that an "oversight board" usually has powers other than advising and making reports, since that's exactly what the House Oversight Committee does, but the rest of his comment is spot-on.