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OCR: by the president and confirmed by the senate It be doubted and it has frequently been the case that congress may increase the power and duties of an existing office without thereby rendering necessar that the incumbent again nominated and appointed. 147 at 301. The Court also examined the functions of the existing offices pue the newly added duties and found that they cannot fairly be said tc have been dissimilar outside the sphere of their official duties Before applying that germaneness analysis, as amplified by this Court's more recent Appointments Clause cases the factual context of Shoemaker distinguishes from this case for five reasons. First the Shoemaker analysis has no applicability the Courts of Military Review whose members need not be active Kynp officers. UCMJ Art. 66 U .S.C 8 ...