Which official may not be removed by the president

Click here to contact our editorial staff, and click here to report an error. Click here to contact us for media inquiries, and please donate here to support our continued expansion. Share this page Follow Ballotpedia. What's on your ballot? Jump to: navigation , search. Epstein Federalist No. Office of Information and Regulatory Affairs U. Robbins Chevron v. Natural Resources Defense Council Skidmore v. Humphrey's Executor v. Volpe More court cases.

Any inconsistencies are attributable to the original source. United States, U. Abbott Laboratories v. Schechter Poultry Corp.

Hampton Jr. Western Pacific Railroad Co. United States. Sunstein Federalist No. Epstein Office of Management and Budget. Voter information What's on my ballot? Where do I vote? How do I register to vote? How do I request a ballot? When do I vote? When are polls open? The independent counsel did exercise executive, law-enforcement functions, but the jurisdiction and tenure of each counsel were limited in scope and policymaking, or significant administrative authority was lacking.

It is now thus reaffirmed that Congress may not involve itself in the removal of officials performing executive functions. It is also established that, in creating offices in the executive branch and in creating independent agencies, Congress has considerable discretion in statutorily limiting the power to remove of the President or another appointing authority.

There are no bright lines marking off one office from the other, but decision requires close analysis. As a result of these cases, the long-running controversy with respect to the legitimacy of the independent agencies appears to have been settled, although it appears likely that the controversies with respect to congressional-presidential assertions of power in executive agency matters are only beginning.

Inferior Officers. However, in the case of Free Enterprise Fund v. Public Company Accounting Oversight Bd. First, even if the President determines that the inferior officer is neglecting his duties or discharging them improperly, the President does not have the power to remove that officer. In the absence of specific legislative provision to the contrary, the President may at his discretion remove an inferior officer whose term is limited by statute, or one appointed with the consent of the Senate.

Morgan from the chairmanship of TVA for refusal to produce evidence in substantiation of charges which he had leveled at his fellow directors. In the course of the debate on the act to establish a Department of Foreign Affairs later changed to Department of State all of these views were put forward, with the final result that a clause was incorporated in the measure that implied, as pointed out above, that the head of the department would be removable by the President at his discretion.

Valeo, U. The case is also styled Rathbun, Executor v. United States , Humphrey having, like Myers before him, died in the course of his suit for salary. Schechter Poultry Corp. United States, U. Now-Justice Scalia continues to adhere to his views and to Myers. Morrison v. Olson, U. Philippine Islands, U. See R. Cushman, The Independent Regulatory Commission —48 The term may be a synonym; it is not an argument.

Nomination of Elliot L. The Office was shortly recreated and a new Special Prosecutor appointed. See Nomination of William B. Bork, F. Synar, U. Act in the hands of an officer who is subject to removal only by itself, Congress in effect has retained control over the execution of the Act and has intruded into the executive function. Department of Justice, U. Nordberg, U. Defenders of Wildlife, U.

Perkins, U. The members of the Commission, in turn, can only be removed by the President for inefficiency, neglect of duty, or malfeasance in office. TVA, 28 F. Annotations The Myers Case. Justia Legal Resources.