S. 204 (1983) (maintaining residency importance of public really works enterprise up against dormant Trade Clause challenge)
26 It is theoretically possible that the courts have upheld these delegations because the parties challenging them have repeatedly failed to raise the Appointments Clause. Examine White v. Massachusetts Coun. of Build Employers, 460 U.that have United Strengthening and you can Construction Investments v. Camden, 465 U.S. 208 (1984) (striking down residency requirement for public works projects as violation of Privileges and Immunities Clause). We would be reluctant to place the numerous delegations so upheld on such capricious footing absent a clear indication in the Court’s Appointments Clause jurisprudence. While not all non-delegation litigants have raised Appointments Clause challenges, some have and as we detailed in the preceding section, those challenges consistently have been 
rejected.
S. from the 131 (“Officers” are “all appointed authorities workouts responsibility under the societal laws and regulations”)
The Supreme Court’s interpretations of the Appointments Clause actually refute the negative inference that is sometimes asserted. The Court’s decision in Auffmordt is especially compelling. There, the Court held that because the merchant appraiser — who stands formally and functionally in the same position as an arbitrator in a binding arbitration involving the federal government — was a private actor, the Appointments Clause did not apply and so upheld the statutory delegation of arbitral authority to the merchant appraiser. In other words, Auffmordt held that the Appointments Clause does not prohibit delegating significant federal authority to private actors.
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