That's right. That's the important hurdle, and we'd like to jump that first, but the other ones, Justice, you're right, in 1831 and in 1909 Congress extended terms in a way that is inconsistent with the strongest form of the test that we have advanced. Those extensions, however, were never challenged in any court and certainly not considered by this Court.
Congress extended terms in 2009 in an inconsistent way
No Congress extended terms in an inconsistent way in 1831 and 1909
( z1 extend :ARG0 ( z2 government-organization :name ( z3 name :op "Congress" ) ) :ARG1 ( z4 term ) :time ( z5 date-entity :year 2009 ) :manner ( z6 consistent :polarity - ) )