The extent of a president’s removal powers (the ability of the U.S. president to fire executive branch officials) has been a debated constitutional question since the founding. The key points are:
1. Constitutional Basis
- The Constitution is silent on the president’s explicit removal power.
- Article II vests the “executive power” in the president and obliges the president to “take care that the laws be faithfully executed.”
- From this, many have argued that the president must be able to remove executive officials to ensure accountability.
2. Early Understanding
- 1789 Decision (the “Decision of 1789”): When creating the first executive departments, Congress debated whether the president alone could remove officials. The conclusion was that removal was an inherent presidential power (at least for purely executive officers).
3. Supreme Court Precedents
- Myers v. United States (1926): The Court held that the president has the exclusive power to remove executive branch officials (in this case, a postmaster) without Senate approval.
- Humphrey’s Executor v. United States (1935): The Court limited Myers, ruling that Congress can restrict removal of officials in independent regulatory agencies (like the FTC) who perform quasi-legislative or quasi-judicial functions.
- Morrison v. Olson (1988): Upheld limits on removal of independent counsel, ruling that such limits do not always violate separation of powers.
- Seila Law v. CFPB (2020): Court struck down restrictions on removal of the single director of the Consumer Financial Protection Bureau, reaffirming strong presidential removal power over principal executive officers.
4. Current Understanding
- Purely executive officers (e.g., Cabinet secretaries): The president can remove them at will.
- Independent agencies (e.g., FTC, SEC, Federal Reserve): Congress may grant some protections (like “for cause” removal), but the Court has been skeptical of broad restrictions.
- Inferior officers (e.g., certain prosecutors, administrative judges): Congress has some leeway to insulate them from removal, depending on their functions.
5. Limits
The president cannot remove federal judges (who serve during “good behavior”).
- Congress cannot directly remove executive officials, but it can impeach them.
- Congress can limit removal in certain independent agencies, though the Supreme Court has been narrowing these limits.
In short: The president has broad removal powers over executive officials, especially those who carry out core executive functions. Congress can create some limits for independent or quasi-legislative/quasi-judicial officers, but recent Supreme Court rulings have pushed back toward stronger presidential control.
