The contested removal power, 1789-2010

"The U.S. Constitution is clear on the appointment of executive officials: the president nominates, the Senate approves. But on the question of removing those officials, the Constitution is silent--although that silence has not discouraged strenuous efforts to challenge, censure, and even impeach presidents from Andrew Jackson to Bill Clinton. As J. David Alvis, Jeremy D. Bailey, and Flagg Taylor show, the removal power has always been and continues to be a thorny issue, especially as presidential power has expanded dramatically during the past century. Linking this provocative issue to American political and constitutional development, the authors recount removal power debate from the Founding to the present day. Understanding the historical context of outbreaks in the debate, they contend, is essential to sorting out the theoretical claims from partisan maneuvering and sectional interests, enabling readers to better understand the actual constitutional questions involved. After a detailed review of the Decision of 1789, the book examines the initial assertions of executive power theory, particularly by Thomas Jefferson and Andrew Jackson, then the rise of the argument for congres