Trump v. Slaughter · ¶178

Beginning at the founding, there is no evidence that those who shaped or ratified the Constitution adopted the majority’s general rule of at-will removal. Indeed, the Court has long noted that, for the most part, “[t]he Constitution is silent with respect to the power of removal from office, where the tenure is not fixed.” Ex parte Hennen, 13 Pet. 230, 258 (1839). The one exception, and only explicit removal power granted in the Constitution, is for impeachment of the “President, Vice President, and all Civil Officers,” a power placed in Congress’s hands, not the President’s. See Art. I, §3, cls. 6–7; Art. II, §4.

slip opinion, revised 7/07/26
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