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To: ken5050
Can Bush remove her?
27 posted on 12/05/2001 3:16:59 PM PST by Howlin
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To: Howlin
Remove Berry or Wilson??
29 posted on 12/05/2001 3:17:42 PM PST by Dog
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To: Howlin
Bush could fire her, unless she's black. Then she can't be fired. Some kinda law, you can look it up somewhere.
126 posted on 12/05/2001 4:31:41 PM PST by ChuteTheMall GawdSortaMount
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To: Howlin
I am not sure (this sort of thing is on my Constitutional Law exam next week - I should know this!!!). Here is a summary from a well-respected law book:

c. Removal of federal executives: The power to remove federal executive officers basically rests with the President. The President may remove any executive appointee without cause. The only exceptions are that the President must have cause in order to remove:

(1) an officer who is appointed pursuant to a statute specifying the length of the term of office; or

(2) an officer who performs a judicial or quasi-judicial function.

Example: The President may remove an ambassador at any time, without cause.

i. Removal by Congress: Conversely, Congress may not remove an executive officer. This is true whether the officer is a "principal" or "inferior" one. [Bowsher v. Synar] However, Congress can to some extent limit the power of the President to remove an officer, if Congress specifies a term of office and then provides that removal is allowable only for cause. (Example: Congress may say that the Special Prosecutor – an executive officer – may only be removed by the Executive Branch for "good cause" or other inability to perform his duties. [Morrison v. Olson])

ii. Impeachment: Separately, Congress may remove any executive officer by impeachment, discussed below.

213 posted on 12/05/2001 7:35:32 PM PST by Notwithstanding
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To: Howlin
MORE:

Example: The President may remove an ambassador at any time, without cause.

i. Removal by Congress: Conversely, Congress may not remove an executive officer. This is true whether the officer is a "principal" or "inferior" one. [Bowsher v. Synar] However, Congress can to some extent limit the power of the President to remove an officer, if Congress specifies a term of office and then provides that removal is allowable only for cause. (Example: Congress may say that the Special Prosecutor – an executive officer – may only be removed by the Executive Branch for "good cause" or other inability to perform his duties. [Morrison v. Olson])

ii. Impeachment: Separately, Congress may remove any executive officer by impeachment, discussed below.

.

Since this appointment has a time limit of 6 years (and perhasp because she performs a quasi-judicial function) the President must have cause to fire her. Her stunt on this matter may very well seal her doom - such defiance is insubordination.

220 posted on 12/05/2001 7:40:31 PM PST by Notwithstanding
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