Dissent of Scalia:  The Constitution is clear on what power is vested in the
executive.  Only Executive branch has power to conduct criminal prosecution.  The
Act encroaches upon that right.  It does not matter by how much.  Argues also that
independent counsel is not an “inferior officer” because not subordinate to any
other executive officer.
Note:  Decision of the majority was functionalist in that it was concerned with
insulating independent counsel, to some extent, from control of the executive
branch.  Court recognized this as a necessity to proper functioning of the office.