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.
Can we infer the following?
extended terms were not applied the same across the board

Options are:
1). Yes;
2). It's impossible to say;
3). No;
The answer is: