Cite as: 513 U. S. 88 (1994)
Stevens, J., dissenting
gress' original intent. See BankAmerica Corp. v. United States, 462 U. S. 122, 131 (1983). Moreover, during the administrations of Presidents Ford, Carter, Reagan, and Bush, the Attorneys General and Solicitors General of the United States did not object to the FEC's exercise of authority to litigate in this Court without the prior approval of the Solicitor General. As this Court has noted:
" '[J]ust as established practice may shed light on the extent of power conveyed by general statutory language, so the want of assertion of power by those who presumably would be alert to exercise it, is equally significant in determining whether such power was actually conferred.' " Ibid., quoting FTC v. Bunte Brothers, Inc., 312 U. S. 349, 352 (1941).
See also FPC v. Panhandle Eastern Pipe Line Co., 337 U. S. 498, 513 (1949) ("Failure to use such an important power for [over 10 years] indicates to us that the Commission did not believe the power existed").
In rejecting the result dictated by language, history, and longstanding practice, the majority relies primarily on the differences between § 437d(a)(6) and 26 U. S. C. §§ 9010(d), 9040(d).4 The relevant language in § 9010, which originally conferred additional and unusual responsibilities on the Comptroller General of the United States, was enacted in 1971 as part of the Presidential Election Campaign Fund Act (Fund Act), which authorized public funding of Presidential campaigns.5 As the majority notes, ante, at 95, § 9040(d) was enacted at the same time as § 437d(a)(6), in 1974. The majority suggests that the differences between §§ 9040(d) and
4 Sections 9010(d) and 9040(d) are identical. They read: "(d) Appeal. The Commission is authorized on behalf of the United States to appeal from, and to petition the Supreme Court for certiorari to review, judgments or decrees entered with respect to actions in which it appears pursuant to the authority provided in this section."
5 The 1974 amendment transferred those responsibilities to the FEC.
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