Executive Control of Administrative Agencies Flashcards
Who can appoint Superior Officers?
Appointed by the President then must be confirmed by the Senate.
Who can appoint Inferior Officers?
1) President Alone; or
2) Head of Departments; or
3) The Courts at Law.
Can Congress ever appoint Inferior Officers?
Congress can never appoint inferior officers.
What to look at when it is unclear whether the position is superior or inferior?
If it is unclear whether the position is superior or inferior then look to see the amount of power and authority the person has. Superior officers tend to have more power and responsibilities.
Does Congress have the power to impeach? (Humpheries v. U.S.)
yes. Congress has the power to impeach, but not the power to remove. Impeachment requires treason, bribery, high crimes or misdemeanors.
Why couldn’t the President remove Humpheries in Humpheries v. U.S.?
Humphries could only be removed for inefficiency, neglect, or maleficence. The position with the FTC was both quasi-judicial and quasi-legislative. The FTC is also an independent agency which mean the president does not have full control over its operation. The agency does not report to the president directly.
Can for cause requirements be placed on the President’s power to remove officers?
Yes. They can.
Can Congress require the President to consult with them before exercising his power to remove officers? (Myers v. United States)
Congress cannot require that the President consult with them before exercising his power to remove officers. To require this would violate the separation of powers doctrine.
What is the difference between Myers and Humpheries?
Myers involves a dependent agency. Humphries involves an independent agency. With a dependent agency the president has much more control over the officers and how the agency is run. So, he has full power to remove the officers. In an independent agency, the president has less control over the agency. So a “for clause” removal provision is alright to implement.
Under Free Enterprise v. Public Company, is this a valid chain?
President -> For Cause -> SEC Commissioners; SEC Commissioners -> For Cause -> PCAO board Members?
No. This double requirement of “for cause” means the president cannot adequately watch over the board. For this reason, the design is unconstitutional. The Court removed the second for cause requirement. So the President controls the board through its control over the SEC Commissioners.
What does Jacksons Concurrence in the Steel Mill Cases state in regards to executive orders from the President?
The Three Box Approach:
1) Those actions expressly authorized by Congress. - President is allowed to do.
2) Those Actions neither authorized or unauthorized. - President might be able to do.
3) Those actions expressly unauthorized by Congress. - President cannot do.
What does Dames v. Regan state about Jackson’s 2nd box of the presidents ability to use executive orders?
The President has more power to use executive orders in foreign affairs than he does in domestic affairs.
What is the Unitary Executive Power?
The Constitution gives all executive power to the President. Thus, any attempt by Congress remove the presidents ability to regulate the heads or officers within executive agencies is unconstitutional.
