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The constitutional language for appointments is: He (the president) shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provi
by Animats 11mo ago
The constitutional language for appointments is:
He (the president) 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.
So the president can appoint various officials, but the Senate must, by majority vote, confirm the ones that Congress hasn't designated as not requiring confirmation.
On the removal side, there's this:
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Note "all civil Officers of the United States". Any government employee can be impeached. A few judges have been impeached and convicted over the last 200 years.
That's all the Constitution says.
Cabinet members and some other high officials serve "at the pleasure of the President", and Congress has delegated authority for lower level civil servants to the executive branch and the Merit System Protection Board.
So the question for the various semi-independent boards and commissions is whether the president can remove them, or whether they need to be impeached to be removed. This is a real question where the members have a term of office set by law. Federal Trade Commission members have a 7-year term. Security and Exchange Commission members, 5 years. Federal Reserve commissioners, 14 years. Arguably, they should serve out their term unless impeached. The constitutional argument is that the executive branch has only enumerated powers, those listed in the Constitution. Since the constitution specifies both appointment and removal by impeachment, that covers the only ways such officers can enter office or be removed from it unless Congress provides otherwise.
- CGMthrowaway 11mo agoYou are making an argument for strict enumeration, in other words that officers can only be removed via impeachment because it is the only removal method explicitly listed in the Constitution. That argument was formally rejected by SCOTUS in 1926[1], and really only in force for lifetime appointment judges today. [1]https://en.wikipedia.org/wiki/Myers_v._United_States https://en.wikipedia.org/wiki/Myers_v._United_States
- golem14 11mo agoI'm far from being versed in this, but when I read the wikipedia article, it's about whether CONGRESS can dismiss someone without approval of the president, not the other way around. It also cites https://en.wikipedia.org/wiki/Parsons_v._United_States https://en.wikipedia.org/wiki/Parsons_v._United_States Which DOES say something about whether the president has the power to dismiss, among other officials, district attorneys: https://scholar.google.com/scholar_case?case=7556660552041467719 https://scholar.google.com/scholar_case?case=755666055204146...
- CGMthrowaway 11mo agoMyers addressed a law requiring Senate approval for a removal. The court struck down this law, leading the case to be considered a definitive rejection of strict enumeration. You can read more here- https://constitutionallawreporter.com/2019/05/09/myers-v-united-states-1926/ https://constitutionallawreporter.com/2019/05/09/myers-v-uni...
- golem14 11mo agoI stand corrected.
- iAMkenough 11mo agoThe current SCOTUS has demonstrated that precedent set by previous SCOTUS rulings can be disregarded and overturned fairly easily. The head of the Judicial Branch operates on vibes and bribes now.
- bigstrat2003 11mo ago> The constitutional argument is that the executive branch has only enumerated powers, those listed in the Constitution. That is true of all branches of the government, not just the executive.
- cryptonector 11mo agoThe impeachment of Andrew Johnson essentially set the precedent that the President can fire any executive officers at any time and for any reason.