Evening star., 1949-12-08
Differs With Mr.. Browns Views
On Status of . Military CHIEF
49, ra1t,r ~ The Star.

To the Editor Of The Star:
find the column of Constantine Brown
generally objective and informative. HIS
column OF December g. however. on the
removal of Admiral Denfeld as Chle1 OF
Naval Operations, is somewhat confusing:
Independently of the aspects OF national
policy involved, the constitutional points ne
raised are contrary to established legal prin-
ciples Other columnistS and commeptatorS
also have advanced Mr.. Browns basic line
of reasoning and propounded the same
opinions as facts. Mr. Brown writes: The
matter of the dismissal of military CHIEF
of one of the three branches OF the armed
forces is without precedent. The senators
wish to determine whether person ap-
pointed by the Chief Exeeutive-and, ac-
cording to the Constitution, confirmed by
the Senate for specified number OF years
can be removed before his term OF office
expires. A Federal Judge =. can lose MS
position only after being impeached and
being found guilty by Congress"
This statement contains three basic mis-
understandings: I:
l, The place to test whether specific
action-the removal of the Chief OF Naval
Operations by the President. for example
is constitutional or not, is the Federal courts.
not the Senate.
2. The power of the Chief Executive to
remove any official of the executive depart
ment-and this includes the Chief of Naval
Operations-is established constitutional law.
3. The comparison Mr.. Brown makes be-
tween q Federal judge and the Chief OF
Naval Operations is not valid.
After the Civil War. Congress. under the
leadership Of the radical Republicans, In
order to curtai President Johnson's powers
Congress was feuding at the time with the
President over the latter's reconstruction
%H,n ~ AIT
This law provided that the President could
not remove from Office, without the approval
Of the Senate. an official who had been
appointed with the advice and consent Of
the Senate.
Many years later, however, President
Woodrow, Wilson removed from Office post
master who had been confirmed by the Sen
ate and whose term had not expired Presi-
dent Wilson's action was contested before
the Federal Courts, and when the case finally
reached the Supreme Court, it was decided
that the section of the Tenure of Office Act
which required the Senate's approval for the
President to remove from Office an official
appointed with the advice and consent OF
the Senate was unconstitutional. The Court.
speaking through its Chief Justice, who was
an ex-President of the United States VIII
liam Howard Taft, decided that Congress
could not limit the powers of the President
IN this respect.
What the Constitution Provides.
The Constitution provides that the Govern
ment of the United States shall be made up
Of three separate and independent depart
ments: The executive, the legislative and the
judiciary In the case OF the Federal judges,
besides being members of the judiciary de-
partment, and therefore independent of the
Chief Executive, the Constitution provides
that they shall be appointed for life and
their salaries cannot be reduced during their
term of Office. In the case of Senators and
Representatives, who constitute the legiSla-
tive department, the Constitution provides
their manner of election and their term of
office. In the case Of the executive depart
ment. which is headed by the President, the
Constitution provides the way the President
shall be elected. his term Of Office and the
prohibition that his salary cannot be in
creased nor diminished during his term of
office. For the rest Of the members of the
executive departments these include the
chiefs of the armed forces-the Constitution
does not make any provision, except to say
that the President can ask "the opinion, IN
writing. of the principal officer in each of
the executive departments" on matters re-
lating to their official duties Thus. the Chief
of Naval Operations and all the other mem
bers of the executive department. are sub
ordinates Of the President, while Federal
judge is member Of another branch Of the
Government-the judiciary-and is not a
subordinate OF the President. Just like Sen
ators or Representatives members Of the
legislative department-are not subordinates
Of the President, either.
Finally-and this possibly is the most inn
portant point, which seems to have been
| generally overlooked-ths Constitution sps-
\