Appointment & removal Flashcards
What makes someone an officer?
If an individual executes the laws, that person is either an Officer of the United States
Principle officers
decided based on their responsibilities and then you look to see if they have been appointed correctly
§ Selected by the president w/ advice and consent by the senate
§ Must be appointed
§ Can be removed for policy or good cause
§ Makes laws
Inferior officers
Appointed by heads of departments. An officer over whom there is review
§ Can be appointed
§ Reviews decisions
Who can appoint principal officers?
The president or anyone whome the president has policy control over, only with senet confirmation
Humphrey’s executor exception
Principal officers in multi-headed organizations that have either quasi-legislative or quasi-judicial powers can only be removed for good cause, if congress decides to grant them this protection.
Ex: SEC or Federal reserve
Morrison exception
Specialized Inferior officers w/ narrowly defined duties can be granted protection by congress (only removed for good cause)
What are the two types of removal
- Policy (at will)
- For-Cause
What makes someone an inferior officer?
- Oversight of your decisons
- You can be fired at will
Employees v officers
Employees do not execute the laws. Are hired, not appointed.
What are the factors that made someone an inferior officer in Morrison v. Olson
- They were subject to removal by a higher executive branch
- only empowered to perform certain, limited, duties
- they were limited in jurisdiction
- they were limited in tenure
