Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. Article Two vests the power of the executive branch in the office of the president of the United States, lays out the procedures for electing and removing the president, and establishes the president's powers and responsibilities.
The Tenure of Office Act was a United States federal law, in force from 1867 to 1887, that was intended to restrict the power of the president to remove certain office-holders without the approval of the U.S. Senate. The law was enacted March 2, 1867, over the veto of President Andrew Johnson. It purported to deny the president the power to remove any executive officer who had been appointed by the president with the advice and consent of the Senate, unless the Senate approved the removal during the next full session of Congress.
In the United States government, independent agencies are agencies that exist outside the federal executive departments and the Executive Office of the President. In a narrower sense, the term refers only to those independent agencies that, while considered part of the executive branch, have regulatory or rulemaking authority and are insulated from presidential control, usually because the president's power to dismiss the agency head or a member is limited.
The federal government of the United States is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, five major self-governing territories, several island possessions, and the federal district and national capital of Washington, D.C., where most of the federal government is based.
Myers v. United States, 272 U.S. 52 (1926), was a United States Supreme Court decision ruling that the President has the exclusive power to remove executive branch officials, and does not need the approval of the Senate or any other legislative body. It was distinguished in 1935 by Humphrey's Executor v. United States. However, in Seila Law LLC v. Consumer Financial Protection Bureau (2020), the Supreme Court interpreted Myers as establishing that the President generally has unencumbered removal power. Myers was the first Supreme Court case to address the president's removal powers.
Morrison v. Olson, 487 U.S. 654 (1988), was a Supreme Court of the United States decision that determined the Independent Counsel Act was constitutional. Morrison also set important precedent determining the scope of Congress's ability to encumber the President's authority to remove Officers of the United States from office. In Seila Law LLC v. Consumer Financial Protection Bureau (2020), the Supreme Court distinguished Morrison as a narrow exception applying only to inferior officers.
Separation of powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu in The Spirit of the Laws, in which he argued for a constitutional government with three separate branches, each of which would have defined abilities to check the powers of the others. This philosophy heavily influenced the drafting of the United States Constitution, according to which the Legislative, Executive, and Judicial branches of the United States government are kept distinct in order to prevent abuse of power. The American form of separation of powers is associated with a system of checks and balances.
A life tenure or service during good behaviour is a term of office that lasts for the office holder's lifetime, unless the office holder is removed from office for cause under misbehaving in office, extraordinary circumstances or decides personally to resign.
Federalist No. 78 is an essay by Alexander Hamilton, the seventy-eighth of The Federalist Papers. Like all of The Federalist papers, it was published under the pseudonym Publius.
The unitary executive theory is a theory of United States constitutional law which holds that the President of the United States possesses the power to control the entire federal executive branch. The doctrine is rooted in Article Two of the United States Constitution, which vests "the executive power" of the United States in the President. Although that general principle is widely accepted, there is disagreement about the strength and scope of the doctrine.
Bowsher v. Synar, 478 U.S. 714 (1986), was a United States Supreme Court case that struck down the Gramm–Rudman–Hollings Act as an unconstitutional usurpation of executive power by Congress because the law empowered Congress to terminate the United States Comptroller General for certain specified reasons, including "inefficiency, 'neglect of duty,' or 'malfeasance.'" The named defendant in the original case was Comptroller General Charles Arthur Bowsher and the constitutional challenge was brought forth by Oklahoma Congressman Mike Synar.
The impeachment of Andrew Johnson was initiated on February 24, 1868, when the United States House of Representatives passed a resolution to impeach Andrew Johnson, the 17th president of the United States, for "high crimes and misdemeanors". The alleged high crimes and misdemeanors were afterwards specified in eleven articles of impeachment adopted by the House on March 2 and 3, 1868. The primary charge against Johnson was that he had violated the Tenure of Office Act. Specifically, that he had acted to remove from office Edwin Stanton and to replace him with Brevet Major General Lorenzo Thomas as secretary of war ad interim. The Tenure of Office had been passed by Congress in March 1867 over Johnson's veto with the primary intent of protecting Stanton from being fired without the Senate's consent. Stanton often sided with the Radical Republican faction and did not have a good relationship with Johnson.
Humphrey's Executor v. United States, 295 U.S. 602 (1935), was a Supreme Court of the United States case decided regarding whether the United States President has the power to remove executive officials of a quasi-legislative or quasi-judicial administrative body for reasons other than what is allowed by Congress. The Court held that the President did not have this power. However, Humphrey's has been distinguished by Seila Law LLC v. Consumer Financial Protection Bureau. In Seila, Chief Justice John Roberts described Humphrey's as holding that Congress may occasionally create independent agencies with removal only for cause if such agencies share the characteristics of the FTC in 1935.
The Constitution of Liberia is the supreme law of the Republic of Liberia. The current constitution, which came into force on 6 January 1986, replaced the Liberian Constitution of 1847, which had been in force since the independence of Liberia. Much like the 1847 Constitution, the Constitution creates a system of government heavily modeled on the Federal Government of the United States.
Free Enterprise Fund v. Public Company Accounting Oversight Board, 561 U.S. 477 (2010), was a 5–4 decision by the U.S. Supreme Court in which the Court ruled that laws enabling inferior officers of the United States to be insulated from the Presidential removal authority with two levels of "for cause" removal violated Article Two of the United States Constitution.
According to the United States Office of Government Ethics, a political appointee is "any employee who is appointed by the President, the Vice President, or agency head". As of 2016, there were around 4,000 political appointment positions which an incoming administration needs to review, and fill or confirm, of which about 1,200 require Senate confirmation. The White House Presidential Personnel Office (PPO) is one of the offices most responsible for political appointees and for assessing candidates to work at or for the White House.
The impeachment trial of Andrew Johnson, 17th president of the United States, was held in the United States Senate and concluded with acquittal on three of eleven charges before adjourning sine die without a verdict on the remaining charges. It was the first impeachment trial of a U.S. president and was the sixth federal impeachment trial in U.S. history. The trial began March 5, 1868, and adjourned on May 26.
Seila Law LLC v. Consumer Financial Protection Bureau, 591 U.S. ____ (2020) was a U.S. Supreme Court case which determined that the structure of the Consumer Financial Protection Bureau (CFPB), with a single director who could only be removed from office "for cause", violated the separation of powers. Handed down on June 29, 2020, the Court's 5–4 decision created a new test to determine when Congress may limit the power of the president of the United States to remove an officer of the United States from office.
The Decision of 1789 refers to a month-long constitutional debate that occurred during the first session of the United States House of Representatives as to whether Article Two of the United States Constitution granted the president the power to remove officers of the United States at will. It has been called "the first significant legislative construction of the Constitution". The debate centered around "a bill that would create a Department of Foreign Affairs"—the precursor to the Department of State—and which branch of government would have the power to remove officers from that department.
In the United States, federal impeachment is the process by which the House of Representatives charges the president, vice president, or a civil federal officer for alleged misconduct. The House can impeach an individual with a simple majority of the present members or other criteria adopted by the House according to Article One, Section 2, Clause 5 of the U.S. Constitution. Similarly, state and territorial officials, such as a governor, can be impeached and tried by their respective legislatures according to their constitutions. In Washington, D.C., elected officials, except the District's delegate to the Congress, are removed in a recall election instead of through an impeachment process.
