The President of the United States appoints the head of a new federal agency responsible for overseeing national cybersecurity. However, Congress passes a law requiring the President to obtain Senate approval before removing this official. Which of the following most accurately explains the constitutional validity of this law?
The law is constitutional because Congress has a general power to legislate how executive officers are removed to maintain checks and balances.
The law is constitutional because it aligns with Congress’s power to advise and consent to executive appointments.
The law is unconstitutional because it infringes on the President’s authority to remove executive officials, a power necessary to fulfill the responsibilities of the executive branch.
The law is unconstitutional because the Constitution prohibits Congress from regulating any aspect of executive branch administration.
The correct answer is that such a law would generally be unconstitutional because it infringes on the President's inherent authority to remove executive officials. The Supreme Court has determined that the ability to remove officials is a key element of executive power and necessary for the President to fulfill the 'take care' clause. While Congress can impose limitations in certain scenarios, such as requiring 'for cause' removal for officials performing quasi-legislative or quasi-judicial functions, the Senate's involvement in day-to-day removals of purely executive officials would disrupt the separation of powers. Other answers might seem plausible but misapply or overstate Congressional power in this context.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
What is the 'take care' clause and why is it important for the President's powers?
Open an interactive chat with Bash
What are the limitations on Congress's ability to regulate executive officials?
Open an interactive chat with Bash
How does the concept of separation of powers relate to this question?