Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
[76] The only officers appointed by the courts of law are clerks,
reporters, and other minor ministerial officers; but there are a large
number of inferior officers in the various departments who are
appointed by the heads of departments.
_Appointments to Minor Positions_ are often made upon the
recommendations of the representative in Congress from the district in
which the office is located, though many such appointments are now made
on the basis of examinations, under civil service rules. Obviously the
President or the head of the department could not fill the thousands of
minor positions of this sort without reliance upon the advice of others.
They cannot investigate personally every application for appointments of
this kind. It is natural, therefore, that they should accept the
recommendations of members of Congress, who are more apt to be
acquainted with the qualifications of applicants in their districts, and
who are familiar with local conditions.
=Power of Removal.=--While the Constitution expressly authorizes the
President to appoint officers, with the consent of the senate, it is
completely silent on the question of whether he may remove an officer,
either with or without the consent of the senate. The only provision in
the Constitution in regard to removal is that which relates to
impeachment. It might, therefore, be contended that the only
constitutional method of depriving an incumbent of an office to which he
has been appointed is by impeachment. But this process of removal is so
cumbersome and unwieldy that if it were the only means of getting rid of
incompetent office-holders many unfit persons would remain in office
indefinitely, and, besides, it would be impossible for the President,
upon whom the responsibility for the enforcement of the laws rests, to
surround himself with officials in whose integrity and fitness he has
confidence. Moreover, to resort to the process of impeachment to remove
a person from a petty inferior office would be very much like shooting
birds with artillery intended for destroying battleships.
From the first, therefore, it was recognized that there was another
process of removal than by impeachment. But there was a difference of
opinion as to whether that power lay with the President alone, or
whether he could remove only with the consent of the senate, as in the
case of appointments; or whether the power lay with Congress to
prescribe how removals might be made. The matter was threshed over in
the first Congress after the Constitution went into effect, and it was
decided that the President might remove alone, without the necessity of
securing the consent of the senate. But there was considerable fear that
he might abuse the power, and Madison is said to have declared that the
wanton removal of a meritorious officer would subject him to
impeachment.
Public-domain text, read in full here on John Shaqi.
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