How the Constitution Makes Subtraction Easy

8 Pages Posted: 24 Feb 2010

See all articles by Saikrishna Prakash

Saikrishna Prakash

University of Virginia School of Law

Date Written: November 14, 2006

Abstract

This reply discusses John Harrison's insightful "Addition by Subtraction," which is a response to "Removal and Tenure in Office." The piece suggests that there are strong historical and textual reasons to suppose that Congress can remove executive and certain judicial officers. It also argues that courts may remove inferior judicial officers. Finally, it offers an admittedly less than full-throated defense of the notion that the President may grant tenure during good behavior to executive officers.

Keywords: Removal, officers, tenure, tenure in office, Senate, Decision of 1789, Judicial Power, remove, office, Executive Power

Suggested Citation

Prakash, Saikrishna, How the Constitution Makes Subtraction Easy (November 14, 2006). Virginia Law Review, Vol. 92, 2006. Available at SSRN: https://ssrn.com/abstract=1557932 or http://dx.doi.org/10.2139/ssrn.1557932

Saikrishna Prakash (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

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