Trump v. Slaughter · ¶198

The power of the President to remove without Senate consent does not, however, mean that Congress was forbidden from placing any restraints on that power. Even Madison seems to have agreed. In 1789, he argued that for officers who “partak[e] strongly of the judicial character,” “there may be strong reasons why an officer of this kind should not hold his office at the pleasure of the Executive [B]ranch.” 1 Annals of Cong. 611–612; see Humphrey’s, 295 U. S., at 631 (describing Madison’s view). Others thought similarly. Asked by President Monroe whether at-will removal was permitted without explicit statutory authorization, Attorney General William Wirt answered in the affirmative, but only because “[w]henever Congress intend[s] a more permanent tenure . . . they take care to express that intention clearly and explicitly.” 1 Op. Atty. Gen. 212, 213 (1818). This shows both that Monroe did…

slip opinion, revised 7/07/26
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