Removals Flashcards
Removals are ___ in the Consti
NOT
____ probably implies removal power
TK Clause
Why does TK Clause probably imply removal power
without it Pres couldn’t execute laws (couldn’t remove corrupt/incompetent officers)
First interpretation of Removals
Vesting and TK Clause imply need for unfettered Pres removal power
Second interpretation of Removals
Role of Senate in approval implies role in removal
Third interpretation of removals
No removal power in Consti, if wanted it they would’ve included (Myers brandeis dissent)
It is agreed that Pres has unfettered power to remove ___
Exec officers (Myers, Scalia)
Power to remove Exec officers is implied from ___
Exec vesting (entire Exec power to Pres alone Scalia Morrison dissent) + TK (removal necessary for effective supervision)
The decision of 1789 was ___ by Myers
affirmed
Power to remove exec officers bolstered by ____ arguments
unity + energy
Humprehy’s says that Cong can create ____
independent agencies led by principal officers with for cause protection
Seila says that Cong. can’t create ___
single-person led agency with for cause protection
Morrison says Cong. can create protection for ____ only if ___
certain inferior officers with defined duties, doesn’t impede Pres ability to perform TK duty
Unlike Humprehy’s, Morrison doesn’t turn on ___
whether official purely executive
Free Enterprise says can’t ___
create two layers of officials removable by Pres only for good cause
Madison argued that Pres should be able to ___ because it was ___
unilaterally remove cabinet secretaries, quintessentially exec
Myers held that Pres has ___
sole power to remove officers including inferiors
Myers facts
postmaster fired under statute requiring consent of Senate for removal
Reasoning behind Myers
decision of 1789 precedent + subsequent Pres not acquiesced
Myers held that Pres power to remove is ___
broad
Brandeis Myer dissent
this is limitation on Cong to control tenure (power in Consti to create officers and create tenure)
Brandeis Myer dissent says decision of 1789 only __
applicable to “high” offices
Brandeis Myer dissent says TK clause ___
doesn’t automatically give Pres removal power
Humprehy’s executor principle
Pres doesn’t have unlimited power of removal
humprehy’s facts
Pres fired Humprehy from FTC which was established by Cong. and had only quasi leg and judicial roles
Humphrey holding
Myers doesn’t control because FTC not arm of exec
Humphrey held that the FTC was created by Cong. to ____ so removal dictated by ___
effect leg policies, Cong. statute
Humphrey held that Cong has the authority to create agencies and order them ___
to act independent of the exec`
