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"Note that the president is given the power to appoint the eight-member panel, which means the Sunset provision commission would "violate the constitutional separation of power between Congress and the executive branch, enabling the president to dismantle programs created by lawmakers."

However, Republicans already have a work-around for that little constitutional problem:

Under a bill expected to be introduced soon, the power to appoint the commission would be given to Congress rather than to the president -- simply transferring the authority from Bush to his GOP allies on the Hill.

Wouldn't the courts pose a problem? Oh, the Republicans have that figured out too, reports Rolling Stone:
And if the commission is challenged in court, the administration is likely to drag out the fight until it has firmly established a conservative majority on the Supreme Court"

it just follows what I have been saying here for several years...the Republicans intend to jury rig the entire system to retain the appearance of a Democracy, while making sure that they always win....."legal stacking of the deck."