Yes, but the constitution also limits the types of laws congress can create. Article II, Section 2 establishes the power of the President alone to appoint "all Officers of the United States, whose Appointments are not herein (i.e. specifically in the Constitution) otherwise provided for." [parenthetical clarification added] Since the Constitution does not address the Commission on Civil Rights, the exclusion "herein otherwise provided for" clearly does not apply. Article II, Section 2 further adds "but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments." (Note the PERIOD after the three additional choices that Congress may by Law vest the appointment of such Officers. Also, note the the conspicuous absence of the Congress in the list of vestees of Appointment power available to the Congress.)
Clearly, the democrat Congress that passed this law exceeded its Constitutional authority and violated the separation of powers. Berry does NOT have the law on her side. She was fired once and repossessed her job through the actions of an activist federal judge with nothing but contempt for the Constitution and a democrat congress with no more respect for the Constitution. The current balance of the Supreme Court would PROBABLY overturn the 1983 law and restore the appointment of the Commissioners to the President as explicitly stated in the Constitution, perhaps even by a 7-2 vote.
Please expand on this. I am not following.
There was a Supreme Court decision in the 1980's that held them to be constitutional. Morrison, Morisette, or something like that, I think. Scalia bitterly dissented and referred to them as "sort of a junior varsity Congress", but he lost that argument.