Reading Room Document

Constitutionality of Bill Restricting President's Authority to Remove the Director of the Office of Personnel Management

This document addresses the constitutionality of a provision in the Civil Service Reform bill that limits the President's power to remove the Director of the Office of Personnel Management (OPM) to only specific circumstances. The conclusion reached is that officials within the Executive branch who perform primarily executive functions must be removable at the will of the President in order for the President to execute the laws faithfully. The document presents the question of whether an official within the Executive branch can be insulated from the President's direction and control, and concludes that the President's necessary removal power cannot be circumscribed in the manner contemplated by the bill.

August 16, 1978