Reading Room Document

Power of Congress to Authorize Federal Officers or Agencies to Remove or Discipline Presidential Appointees Performing Executive Functions

This document discusses the constitutional power of Congress to authorize the removal or disciplinary action of Presidential appointees performing executive functions. The document concludes that Congress does not have the authority to regulate the removal of executive officers appointed by the President, and that the power to remove is implicit in the power to appoint and must necessarily be retained by the President. The document also questions whether Congress may confer on the Board the authority to take disciplinary action against Presidential appointees, and concludes that doing so would interfere with the President's necessary direction and control of such officials. The questions presented for review include whether Congress could amend the bill to confer upon the Board the authority to take disciplinary action against Presidential appointees and whether Congress has the authority to prescribe sanctions against executive branch officials who act in violation of existing law.

May 17, 1978