United States · Governance · Issue #3 · 21/09 – 27/09
CPSC statute caps one party at three seats but does not guarantee a mixed sitting commission
Federal law establishes a five-member CPSC and says no more than three commissioners may be affiliated with the same political party. The text limits appointments but does not state that every seat must be filled at all times or that the sitting membership must always include more than one party.
What the primary source says
Section 2053 also addresses vacancies and quorum. Three commissioners ordinarily constitute a quorum; if vacancies leave only three members serving, two constitute a quorum, and if vacancies reduce membership to two, those two constitute a quorum for the six-month period that begins with the vacancy that caused the reduction.
The conclusion about what the statute does not require is a reading of the enacted text, not a judicial holding. The party-affiliation ceiling still prevents more than three commissioners from sharing the same party affiliation when appointments are made to a full five-seat commission.
Why it matters
The useful distinction
A cap on same-party appointments is different from a guarantee of bipartisan day-to-day membership. Clear wording helps readers understand both the intended five-seat structure and how vacancies can change the commission that is actually serving.
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