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
_Early Practice._--For a long time the power of removal was used
sparingly. Several of the early Presidents, in fact, made no removals at
all, and during the first forty years of our national existence the
total number of officers removed probably did not exceed 100. With the
incoming of President Jackson, however, what is known as the _spoils
system_ was introduced; that is, large numbers of office-holders were
removed in order to make places for those who had rendered political
services to the party in power. Henceforth appointments were made
largely as rewards for party service, often without regard to merit and
fitness. Nevertheless, the right of the President to make removals for
any cause that seemed to him proper, or for any cause whatsoever,
continued to be recognized and acquiesced in by all parties until the
breach occurred between President Johnson and Congress in 1867.
_Act of 1867._--The action of President Johnson in removing officials
who were in sympathy with Congress greatly offended that body, and in
1867 a tenure of office act was passed forbidding the President to make
removals except with the consent of the Senate.[77] Thus the custom which
for seventy-eight years had recognized the unlimited right of the
President to remove officers without the necessity of securing the
consent of the senate was now reversed. The violation of this law by
President Johnson was the chief cause of his impeachment in 1868. With
the incoming of President Grant, however, the law was modified, and in
1887 it was repealed. Thus after a brief interval the original
interpretation was reverted to, and it has been followed ever since.
[77] While Congress was not in session, the President was to be allowed
the right to "suspend" officers for good cause, but he was required to
report all suspensions to the Senate at its next meeting and in case it
refused to concur in the suspension, the suspended officer was to be
allowed to resume his office.
_The Present Rule._--The right of the President to remove any federal
officer appointed by him, except the judges, for any cause whatsoever,
is now recognized, and Congress cannot abridge that right by prescribing
the conditions under which removals may be made. His power in this
respect is absolute and unlimited and may be employed for rewarding his
political friends and punishing his enemies as well as for getting rid
of incompetent and unfit persons in the public service.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account