President Smith appoints Jane Doe as the head of the newly established National Cybersecurity Agency (NCA). The enabling statute of the NCA stipulates that the agency head can only be removed for "inefficiency, neglect of duty, or malfeasance in office." Six months into her tenure, President Smith decides to remove Jane Doe without providing any specific reason. Jane Doe challenges her removal in court. Which of the following is the most likely outcome?
The statute restricting removal to specific causes allows for removal based on interpretation of those causes.
Jane Doe may resign in response to the President's request.
The statute requiring cause for removal supports the requirement for specific reasons.
The President may remove Jane Doe without providing a reason.
The statute's provision requiring specific reasons for removal aligns with the principle of protecting quasi-independent agencies from arbitrary dismissal. Courts typically uphold such statutes, ensuring that removal is based on legitimate grounds rather than at the President's discretion alone. Therefore, President Smith's attempt to remove Jane Doe without providing a specified reason is likely to be unsuccessful.
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What is the significance of the phrase 'inefficiency, neglect of duty, or malfeasance in office' in the enabling statute?
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Why are statutes requiring cause for removal important for quasi-independent agencies?
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How do courts typically approach disputes over removal restrictions for agency heads?
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Multistate Bar Examination
Constitutional Law
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