General

Can Congress fire the secretary of state?

Can Congress fire the secretary of state?

The American president can dismiss the secretary of state without recourse from the Supreme Court or Congress. Congress questioned the power of presidents to remove Cabinet members in 1867, but has since allowed them this prerogative.

Who can reject the president’s appointment of a Cabinet member?

the Senate
The Constitution also provides that the Senate shall have the power to accept or reject presidential appointees to the executive and judicial branches.

What is one group of officials that only Congress can remove from power?

Congress, the Court ruled, could legally restrict the president’s ability to remove anyone except “purely executive officers.” Two decades later, after President Dwight Eisenhower dismissed Myron Wiener from the War Claims Commission, the Supreme Court reaffirmed the legal limits to the president’s removal powers.

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How are Cabinet members removed from office?

The Cabinet does not have any collective executive powers or functions of its own, and no votes need to be taken. The members of the Cabinet serve at the pleasure of the president, who can dismiss them at any time without the approval of the Senate, as affirmed by the Supreme Court of the United States in Myers v.

Who can override a presidential veto?

This veto can be overridden only by a two-thirds vote in both the Senate and the House. If this occurs, the bill becomes law over the President’s objections. A pocket veto occurs when Congress adjourns during the ten-day period. The president cannot return the bill to Congress.

Can Congress remove officers?

Synar (1986): The court affirmed that Congress does not have the authority to remove an executive official from office. Congress may only place statutory limits on the removal power of the appointing authority, such as establishing cause removal protections for the heads of independent federal agencies.

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When can the president be removed from office?

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

How long does Congress have to override veto?

The President returns the unsigned legislation to the originating house of Congress within a 10 day period usually with a memorandum of disapproval or a “veto message.” Congress can override the President’s decision if it musters the necessary two–thirds vote of each house.

Can the Cabinet take away the President’s power?

Without considering the merits of the Vanity Fair article, and just reviewing the Cabinet’s powers under the amendment, the process would be much more complicated than a simple vote by the Cabinet to take away any President’s power in any form. The 25th Amendment deals with presidential (and vice presidential) succession and disability.

Can Congress remove members of the executive branch?

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Nevertheless, Congress has a very limited Constitutional right to remove these members of the Executive Branch through the same mechanism as they can remove the President himself; through “impeachment” for “high crimes and misdemeanors.” Share Improve this answer Follow

What is the role of the cabinet members?

Members of the Cabinet serve at the pleasure of the President, which means that the President may dismiss them or reappoint them (to other posts) at will.

How can Congress get rid of a criminal Secretary?

Nonetheless can Congress get rid of a criminal secretary via its Congressional oversight powers and by using the Impeachment procedure (cf Article 2, Section 4 of the U.S. Constitution), but only if they are found guilty of some sort of crime. Impeachment is a two-step process.