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> Do you hold the opinion that the Civil Service Reform Act is unconstitutional? What about the Reorganization Act of 1939? Of course it's unconstitutional. It
by koolba 2y ago
> Do you hold the opinion that the Civil Service Reform Act is unconstitutional? What about the Reorganization Act of 1939?
Of course it's unconstitutional. It's clearly outlined in Article 2 that the President has the power to appoint:
>> He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
Only judicial appointments are life terms and that's the only one outlined in Article 3. All other appointments are at the pleasure of the President. There's no mention of "Ambassador for Life" or "Minister until replacement is Senate confirmed" in the Constitution. For non-judicial appointments, the power to appoint includes the power to remove.
> If the President can unilaterally fire any employee of the Executive Branch, why bother with Senate confirmation at all?
To allow for autonomy of that individual at that agency. Otherwise the actions would need to roll up to the President directly requesting the said action via executive order. I see it as guardrails for when the Article 2 powers are being scaled out via long term delegation.
- staticman2 2y agoSince "at the pleasure of the president" is not found in the constitution quoting the constitution does not advance your argument.
- koolba 2y agoOn the contrary, of all the appointments that are to be made under Article 2 power by the executive branch, only the judicial ones are explicitly listed as being for life. Those appointments are the explicit exception to the rule that POTUS can fire people that he hires.
- staticman2 2y agoIf you didn't have a dog in this fight you'd concede the constitution is silent on the topic of presidential firings, since that is a simple fact. I'll thank you for providing the direct quote which highlights the gap between the talking point and the actual text itself.
- johnnyanmac 2y agoYou seem to be missing how every point there is underlined with "With the consent and approval of congress". No one can utilaterally do anything in an act of checks and balances. JUdicial interprets and enforces laws on every branch, Congress can re-write the law if they can agree to, And the president is more or less left with a variation of 10th amendment powers with pardons and EO's without needing to consult anyone else.