http://www.oyez.org/issues/civil-rights/residency-requirements-draftee/ U.S. Supreme Court Oral Arguments, presented by The Oyez Project (www.oyez.org) en-us http://www.oyez.org/images/oyezfeed.jpg U.S. Supreme Court Audio Recordings, presented by The Oyez Project (www.oyez.org) Mon, 24 Feb 1997 12:00:00 -0500 <p>The Coast Guard Court of Criminal Appeals, formerly the Coast Guard Court of Military Review, hears appeals from the decisions of courts martial, and its decisions are subject to review by the United States Court of Appeals for the Armed Forces. Pursuant to the Uniform Code of Military Justice, the Coast Guard Court of Criminal Appeals' judges may be officers or civilians. During the time in dispute, two civilian members sat on the court. The General Counsel of the Department of Transportation originally assigned both civilian judges to the court. Afterwards the Secretary of Transportation issued a memorandum adopting the General Counsel's assignments as appointments of his own. Jon E. Edmond and others were convicted while one or both civilian judges participated on the court. Subsequently, their convictions were upheld on appeal. Edmond and others argued that the civilian judges' appointments were invalid due to the Appointments Clause, which holds "principle officers" must be appointed by the President with the advice and consent of the Senate.</p> <p>Has Congress authorized the Secretary of Transportation to appoint civilian members of the Coast Guard Court of Criminal Appeals? If so, is this authorization constitutional under the Appointments Clause of Article II?</p> 96-262_19970224-argument http://www.oyez.org/cases/1990-1999/1996/1996_96_262/argument/ supreme, court, oyez, rehnquist