An estimated 2.2 million federal employees serve at the president's pleasure, although only 4,000 are designated as political appointees. As Donald Trump prepares to take office again, his first priority must be to establish the conditions under which he can be removed from office. any of them. All federal employees, whether serving as political appointees, Senate-confirmed positions, or civil service roles, are subject to the president's authority to terminate employment. This includes employees of any department or so-called “independent” agency. If an act of Congress conflicts with the president's power to fire someone, that act is unconstitutional and must yield to the president's plenary firing power.
Ironically, President Trump's biggest mistake in his first term was his reluctance to say the famous line, “You're fired!” To succeed in a second term, he must weed out those who do not share his campaign vision. His main promises are to curb inflation and eliminate the deep state. Federal Reserve Chairman Jerome Powell has already objected to both pledges, giving Trump an early test of his resolve.
“If any power is executive in nature, it is the power to appoint, supervise, and control those who execute the laws.”
When a Politico reporter asked Powell on Thursday whether he would resign if President Trump asked him to resign, he replied: Mr. Powell responded flatly.“No.” When asked if he was legally required to resign, he simply repeated “no,” asserting his belief that there was no legal basis for termination.
Legally, there is no basis for Powell to remain in office if the president fires him, but Trump must do so. Congress has the lead in determining public policy and the federal budget, but the president decides who holds executive office. The Senate can approve senior officials, but it can also refuse to confirm new appointees after the president removes support from senators. But the Senate cannot force the president to keep the people he wants removed, as was the case with Powell, whose term does not expire until 2026.
The Supreme Court ruled that Former part-timer Hennen (1839) states that the president's power to appoint executive officers also includes the power to dismiss them. This authority was supported by Myers v. United States (1926) A 70-page opinion written by former Chief Justice William Howard Taft. If the president can reasonably appoint anyone to head an agency, Congress cannot restrict the president from selecting or retaining particular individuals.
Some argue that the Fed must remain independent, but that is a political position, not a legal position. Constitutionally, there are only three branches of government. The Fed is neither a legislative nor a judicial body, so its governor is subject to the president's firing authority.
Congress can cut or eliminate funding for public offices and refuse to approve the president's nominees, but it cannot impose tenure laws on the president. James Madison explained this separation of powers in a letter to Thomas Jefferson:
[Congressional tenure laws] It overlooks an important distinction between the abolition or change of a position and the replacement of an officer. The former is the legislative body and the latter is the executive body. And even the former, if done for the purpose of re-establishing the office and permitting new appointments, would amount to an indirect violation of constitutional theory and policy.
For example, although Congress passed a law giving the FBI director a 10-year term, President Bill Clinton, on the recommendation of Attorney General Janet Reno, fired FBI Director William Sessions in 1993, his sixth year in office. did.
No person in the executive branch acts beyond the authority of the president. If an individual does not submit to the authority of the President, that individual is not, by definition, a member of the executive branch. Therefore, the president may fire public officials within major agencies or employees of independent commissions such as the Federal Trade Commission, Federal Election Commission, Federal Communications Commission, Securities and Exchange Commission, and the Merit System Protection Board. You can . Based on his campaign promise, Trump is obligated to exercise this power.
The Supreme Court has occasionally departed from the originalist view espoused by Chief Justice Taft, including in cases such as Morrison vs. Olson (1988) Independent counsel involved – those days are over. The current Supreme Court is likely to uphold President Trump's right to fire executive officials. Exactly 4 years ago The judges handed down a 5-4 decision. The President has full authority to fire the Director of the Consumer Financial Protection Bureau. With Amy Coney Barrett on trial, Trump is likely to vote six votes in favor of firing someone like Powell.
The president may not be a king, but he is the CEO of the executive branch. as James Madison said this in 1789.“If any power is executive in nature, it is the power to appoint, supervise, and control those who execute the laws.” It's time to unleash that power to its fullest extent.
