The Court of Appeals had ordered that Steffan be awarded his commission .
They proposed to argue that , since only the President can award a commission with the consent of the Senate , the court 's order violated the principle of separation of powers .
Since the Court of Appeals had ordered that Steffan be awarded his commission , they proposed to argue that , since only the President can award a commission with the consent of the Senate , the court 's order violated the principle of separation of powers .