Q: How are Officials removed?
Removal of Officials
– Typically removal at will by President
– Congress can’t retain removal power over official with executive function (Bowsher v. Synar)
– Statute can restrict removal if not purely executive (Humphrey’s executor)
– but can’t restrict removal of purely executive officer (Myers – postmaster)
– standard is whether restriction “impedes the president’s ability to perform his constitutional duty” (Morrison v. Olson)
– Morrison (prosecutor) seems pretty executive, so unclear what is
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