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to jackbill

The question is: does a term (6 years) belong to the individual or is a term more abstract, i.e. a six year segment which is staggered with other six year segments?

Good defintion of the problem. If the law in effect for pre-94 then the answer is clear. Because the wording of the law says..."The term of office of each member of the Commission shall be six years; except that...any member appointed to fill a vacancy shall serve for the remainder of the term for which his predecessor was appointed..."

However the new law simply says:

The term of office of each member of the Commission shall be 6 years.

Do you see the difference ? The explicit language in the old law provided for a 6 year term for all appointments UNLESS it was a vacancy appointment. In which case the appointnment is limited to the remainder of the term the predecessor had. The current law doesn't provide for any exceptions to the general rule that an appointment is for 6 years.

I know of no instance, in the event of death or resignation of a member, where the "term" belongs to the individual - whether in the U.S. Senate, the U.S. House or in a local home owners association - or in every committee, and legislative body in between.

I know of no instance yet where it is accepted practice that a vacancy appointment is limited to the orginal term UNLESS it is so specified. Even the vestry of my Church's by-laws specify that a vacancy appointment is limited to the original term.

I don't think that Berry will be found to have a leg to stand on - if the President makes an issue of this.

I think you are wrong unless the record regarding the inactment of the 94 law is clear on congressional intent.