Should the Court Change the Scope of the Removal Power?

Richard J. Pierce, Should the Court Change the Scope of the Removal Power? (Aug. 20, 2018).

GWU Law School Public Law Research Paper No. 2018-36

GWU Legal Studies Research Paper No. 2018-36

16 Pages Posted: 27 Aug 2018

See all articles by Richard J. Pierce

Richard J. Pierce

George Washington University Law School

Date Written: 2018

Abstract

In this essay Professor Pierce argues that the Court should use a strict functional approach in its ongoing process of changing the scope of the power of the president to remove officers. He maintains that the Court can reconcile the potentially conflicting commands of Article II and due process by holding that the president must have unlimited power to remove any officer who can make policy decisions on behalf of the government, but that due process limits the power of the president to remove an officer whose sole responsibility is to adjudicate disputes between private parties and the government.

Suggested Citation

Pierce, Richard J., Should the Court Change the Scope of the Removal Power? (2018). Richard J. Pierce, Should the Court Change the Scope of the Removal Power? (Aug. 20, 2018). , GWU Law School Public Law Research Paper No. 2018-36, GWU Legal Studies Research Paper No. 2018-36, Available at SSRN: https://ssrn.com/abstract=3235792

Richard J. Pierce (Contact Author)

George Washington University Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
202-994-1549 (Phone)
202-994-5157 (Fax)

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
22
Abstract Views
339
PlumX Metrics