The president’s power to appoint and remove officials - Next Generation Bar Exam

1. Under Edmond v. United States, what makes an officer inferior rather than principal?

   Direction and supervision by a principal officer appointed with Senate consent. Whether the officer has a superior is the key question.

2. Under NLRB v. Noel Canning, how long must a Senate recess last to permit a recess appointment?

   Generally at least 10 days. The Senate is in session when it says it is, including during pro forma sessions.

3. Under Trump v. Slaughter (2026), what is the status of for-cause limits on removing the heads of agencies that exercise executive power?

   They are unconstitutional. The decision overruled Humphrey's Executor and held that the President may remove FTC commissioners at will.

4. In whom may Congress vest the appointment of inferior officers?

   The President alone, the courts of law, or the heads of departments. Congress may not vest appointment of officers in itself or its members.

5. A statute lets the President remove the head of an executive agency only for inefficiency, neglect of duty, or malfeasance. Under current law, what is the status of the restriction?

   It is unconstitutional, because the President must be able to remove agency heads exercising executive power at will. Trump v. Slaughter rejected Humphrey's Executor's approval of such protections.

6. Under Myers v. United States, what is the general rule on the President's power to remove executive officers he appoints?

   The President may remove them at will. Congress may not require the Senate's consent to removal.

7. Under Free Enterprise Fund v. PCAOB, what is the status of two layers of for-cause removal protection between the President and an officer?

   It is unconstitutional. Double insulation prevents the President from holding officers accountable.

8. A statute lets the Speaker of the House and the Senate President pro tempore appoint members of a federal commission that enforces election law. On what ground is the provision invalid?

   Congress may not appoint officers who exercise executive power. Buckley v. Valeo held that officers must be appointed in a manner the Appointments Clause permits.

9. How must principal officers of the United States be appointed?

   By the President with the advice and consent of the Senate. Ambassadors, Supreme Court justices, and cabinet secretaries are principal officers.

10. Under United States v. Arthrex, what must be true of inferior officers whose decisions bind the executive branch?

    Their decisions must be reviewable by a principal officer. Unreviewable final authority is inconsistent with inferior-officer status.

11. Under Trump v. Slaughter (2026), why does the rule invalidating for-cause removal protections not reach the Federal Reserve Board of Governors?

    Because the rule governs officers who exercise executive power, and the Court identified the Board as an office that does not.

12. What distinguishes an officer of the United States from a mere employee?

    An officer holds a continuing position and exercises significant authority under federal law. Lucia v. SEC held that the SEC's administrative law judges are officers.

13. In Trump v. Cook (2026), on what grounds did the Court refuse to let the President remove a Federal Reserve governor?

    The Federal Reserve does not exercise executive power, and the President gave no notice of the reason for removal and no opportunity to respond.

Study these flashcards