The U.S. Constitution is clear on the appointment of executive
officials: the president nominates, the Senate approves. But on the
question of removing those officials, the Constitution is
silent--although that silence has not discouraged strenuous efforts
to challenge, censure, and even impeach presidents from Andrew
Jackson to Bill Clinton. As J. David Alvis, Jeremy D. Bailey, and
Flagg Taylor show, the removal power has always been and continues
to be a thorny issue, especially as presidential power has expanded
dramatically during the past century.
Linking this provocative issue to American political and
constitutional development, the authors recount removal power
debate from the Founding to the present day. Understanding the
historical context of outbreaks in the debate, they contend, is
essential to sorting out the theoretical claims from partisan
maneuvering and sectional interests, enabling readers to better
understand the actual constitutional questions involved.
After a detailed review of the Decision of 1789, the book
examines the initial assertions of executive power theory,
particularly by Thomas Jefferson and Andrew Jackson, then the rise
of the argument for congressional delegation, beginning with the
Whigs and ending with the impeachment of Andrew Johnson. The
authors chronicle the return of executive power theory in the
efforts of Presidents Grant, Hayes, Garfield, and Cleveland, who
all battled with Congress over removals, then describe the
emergence of new institutional arrangements with the creation of
independent regulatory commissions. They conclude by tracking the
rise of the unitarians and the challenges that this school has
posed to the modern administrative state.
Although many scholars consider the matter to have been settled
in 1789, the authors argue that a Supreme Court case as recent as
2010--"Free Enterprise Fund v. Public Company Accounting Oversight
Board"--shows the extent to which questions surrounding removal
power remain unresolved and demand more attention. Their work
offers a more nuanced and balanced account of the debate, teasing
out the logic of the different institutional perspectives on this
important constitutional question as no previous book has.
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