Trump v. Slaughter · ¶34

That practice began in the First Congress. When it first met in 1789, one of its first and most pressing tasks was to establish the first executive departments—and with them the first “Heads of Departments.” Art. II, §2, cl. 2. In doing so, it debated how those officers should be removed. Some felt that the Senate had to consent to all removals, as one of the two entities that “appoint[ed]” the official in the first place. 1 Annals of Cong. 472–473 (Rep. Gerry). Others argued that the Constitution was silent on the question, giving Congress the “right” to select whether an officer may be removed, and if so by whom—“the President, the President and Senate, or the Legislature, or any other person whom they might introduce into office, merely for that particular purpose.” Id., at 521 (Rep. Sedgwick). And a third group contended that removal was part of “the Executive power” vested in the…

slip opinion, revised 7/07/26
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