A law professor at George Washington U. notices a glitch in a 1999 act of Congress. As a result of that glitch, it may be that “thousands of patent decisions concerning claims worth billions of dollars” are invalid because judges on the patent appeals courts were unconstitutionally appointed.

A fascinating, albeit small, question is raised by this story. When the Constitution referred to “Heads of Departments,” whom did it mean, inasmuch as no “Departments” yet existed or were brought into being by the Constitution itself?