Evening star., 1926-10-26
The Power Of Removal.


In q decision of the utmost i'm
portance. and by a divided vote. six
to three. the Supreme Court has de-
clared that Congress cannot limit the
power of the President to remove
from office those whom he has ap.
pointed to Federal positions. This
finally determines a question that has
frequently arisen in the past, but has
never reached the point Of definite
answer by the highest court. 1t es-
tablishes the principle that although
appointments to office by the Pres!-
don't must be "by and with the advice
and consent of the Senate" removals
from office may be effected by him
without such advice and consent"
In the particular case which evoked
the decision an act of Congress was
affected, that act, passed in 1875, pro-
viding for the removal Of postmasters
OF the first. second and third classes
''by and with the advice and consent
Of the Senate" The official removed
was postmaster and his executor
sued, after his death, for recovery OF
salary for the period of his term
which was interrupted by dismissal.
The court not only holds that in this
instance the President was warranted
in his removal, but broadens Its In.
terpretation of the Constitution to af.
firm the right of the Chief Executive
to remove from Office all who hold
presidential appointments
The reasoning of the majority OF
the court is that the power to remove
executive officers is an incident OF the
power to appoint them and Is in Its
nature an executive power. For either
branch of Congress to draw to Itself
the power OF removal or participation
in that power would be to infringe
upon the constitutional principle of
the separation OF the governmental
powers.
The Constitution gives Congress the
right to remove Federal officials by
impeachment brought by the House
of Representatives and trial by the
Senate. That has always been re-
garded as an ultimate authority for
exercise in extreme cases, where the
executive will not or does not take
the initiative for the dismissal Of un-
worthy subordinate officials. In its
decision the court does not proceed TO
tho point Of considering by what
means other than Impeachment Con-
gress could effect the removal OF Off.
cials to whose appointment 1t has
given it's advice and consent"
through the Senate. 1t has on few
occasions effected this by cutting off
appropriations for the specific offices,
or by abolishing those offices. This,
however, Is clumsy and indirect
method of reaching an incompetent
or one charged with impropriety of
conduct. impeachment Is the only
direct means of removal and that re-
uuires a vote Of two-thirds in the Sen.
ate. a slow and uncertain process.
Executive responsibility should not
b shared with the Legislative branch of
the Government. That responsibility
extends to the selection Of the per
sonnel of the executive branch. The
Constitution interposes Il check upon
improper selections and appointments.
When assent Is given to appointment
the responsibility for the tenure of the
official rests upon the President. He
cannot delegate the power Of dis
nissal to a superior subordinate.
This decision is based in effect upon
that clause OF Section l Of Article 2
Of the Constitution which says: The
executive power shall be invested in
President OF the United States" 1t
IS strengthened by the clause of Sec
ton of the same Article, which says
that the President shall nominate
and by and with the advice and con.
sent Of the Senate shall appoint am.
bAssadors, other public ministers and
consuls, judges of the Supreme Court
and all other officers of the United
States. whose appointments are not
herein otherwise provided for. and
which shall be established by law"
That clause further states that Con.
gress ''may by law vest the appoint.
ment OF such inferior officers, as they
think proper. in the President alone,
in the courts OF law or in the heads
Of departments"
Despite the controversy which has
ragged for decades over this question
it should he clear that the Supreme
Courts present ruling is a correct in
terpretat!on OF the constitutional divi-
sion OF the Federal Government into
three coordinate branches with the
executive power, which Is the power
Of executive organization and admin
istration through a chosen personnel,
vested in the President. However
the decision may be viewed. 1t is now
the Law OF the land
It is predicted that food will be