President Johnson decides to remove the head of an independent regulatory agency, where the official serves a fixed term established by statute. The statute does not grant the president the authority to remove the official. What is the most likely constitutional outcome of President Johnson’s action?
The removal is unconstitutional because Congress has not provided the president with the authority to remove the official.
The removal voids the official’s actions, affecting agency decisions.
The removal is constitutional because the president has general authority over executive branch officials.
The removal is permissible if the official is found to have violated agency regulations.
The president lacks the authority to remove the head of an independent agency without statutory permission. Independent agency officials with fixed terms are protected from executive removal to ensure their independence, making the removal unconstitutional because Congress has not provided the president with the authority to remove the official.
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What is an independent regulatory agency and why is independence important?
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What gives Congress the authority to restrict the president's power to remove officials?
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Multistate Bar Examination
Constitutional Law
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