Evening star. [volume] (Washington, D.C.) 1854-1972, 1945-02-05
Check on Key Posts
Vic George Bill Urged

Via George Bill Urged
Writer Calls for Clause to Limit
Terms Of Cabinet Officers
By David laurence
A constitutional adjustment Of major
significance In American history could
evolve out Of the Wallace-Jcnes con.
troversy. It could bring . constructive
result that would 60 far toward giving
the American people the same close
check on the operations Of their Gov.
eminent which 10 available to parliamen.
tary governments In Canada, Australia
and the United Kingdom where the
mere prospect Of . change IN cabinet
ministers overnight Is often suficient
to prevent the adoption Of policies
manifestly out Of harmony with the
wishes Of the people.
A simple amendment to the George
bill. now pending In the House of
Representatives, could create . prece-
dent Of far-reaching Importance. Such
an amendment could provide that the
term Of all cabinet officers hereafter
shall be one year, which would mean
that once year the appointment would
have to be sent to the Senate for con-
firmation or . new name submitted in
its place. The same thing could be
done with respect to the Federal Loan
Administrator and all other key posi-
lions In the Government to which vast
powers have been delegated by Congress.
Appropriations must be submitted once
a year 50 it Is logical that the persons
who administer them shall bs re-
examined too.
The House Of Representatives and
one-third Of the Senate must 70 before
the people every two years and there
is no reason why executive posts created
by Congress should not likewise be sub
ject to periodic review by the peoples
elected representatives.
Power Allowed to Lapse.
Congress has always had the power
to fix the term Of ONCE for executive
appointees and yet in recent years this
power has been allowed to lapse in
favor Of appointments to last - long
as the President desired.
The growth Of executive power In
America has been due, to no small ex-
tent, to the tendency Of Congress In
recent years to make broad grants of
discretionary authority. Delegation Of
power, however, has become inevitable
as the United States has grown in pop
ulation and the problems of Govern
ment have become more and more COM
pick because Of their relationship
with the economic life Of the country
Commerce has been declared national
by the Supreme Court, which In 1887,
by new Interpretation of the COM
merce clause of the Constitution, gave
Congress and the President new powers
over production. manufacture and dis
tribution, whether carried on inside a
State or across State lines.
A centralized government no doubt
has come to stay but adequate checks
have not yet been set up by the people
to NIX responsibility and assure pres
ervation Of the many rights OF the liz
dividuaI which are expressly reserved to
the people by the Tenth Amendment OF
the Constitution.
Congress At various times during the
last 80 years has tried to solve the prob
lem Of delegated authority by creating
bipartisan commissions with apDint-
ments to be made by the two major
political parties. But gradually this has
been circumvented by the appointees
who gave lip service to the minority
party and then came to share the views
OF the majority party's President who
could remove them II they failed to do
his bidding.
Congress thought It had protected
itself against such abuse by specifying
In the statutes the grounds on Which
an appointee could or could not be
removed. President Roosevelt, on the
other hand, challenged this power. He
removed William e. Humphreys from
the Federal Trade Commission Just be-
cause, as the President said publicly,
his mind and that of Mr.. Humphreys
didn't 60 along together even thourh
Mr.. Roosevelt conceded the efficiency
and integrity Of Mr.. Humphreys
Supreme Court Ruling.
The Supreme Court In May, 1885, by
unanimous decision repudiated this
concept Of executive authority but It
was apparent from the words Of the
decision that only the quasi judicial
rather than the administrative nature
Of the Federal Trade Commission post
saved the day for Congress. All plainly
administrative posts were left tightly
In the Presidents control.
Conversely the power Of the Senate
to remove anybody once confirmed to
public ONCE has been declared non
existent BY the court. The Senate may
advise and consent to an appointment
but 1t cannot remove the same ap-
pointee If he should. for instance, sub
sequently reverse or discard the views
expressed in testimony before 4 SEN
ate committee prior to confirmation.
These decisions Of the court are recent
and they finally clear up . point that
has been vague in our constitutional
system for more than $50 years.
What has Congress done, therefore,
In the last few years to protect the
people against indefinite tenure and,
In q sense, lifetime jobs by persons In
policy-making positions7 There are In
dtvidualS now holding high ONCE under