Removal
-Bowsher v. Synar (1986) : Congress can’t remove official with executive function
-Comptroller general appointed by president, but removal by Congress for cause – Congress can’t retain removal power
-Executive function because interpreting provisions AND determining what budget cuts to make
-Violates separation of powers
-Humphrey’s Executor (1935) : For cause restriction on President’s power to remove is constitutional when officer is not purely executive
-Statute creating FTC had “for cause” removal requirement – upheld
-Compare Myers v. U.S. (1926) – Congress can’t restrict removal of postmaster because purely executive officer
-Morrison v. Olsen (1988) : Congress can regulate president’s power to appoint and remove so long as it does not “unduly trammel” on executive authority
-Independent council statute – job is to prosecute president – is Constitutional
-doesn’t violate separation of powers because president can still act
-Dissent (Scalia): pure executive function so violates separation of powers
-So
-Congress can’t appoint people outside the legislative branch (Buckley v. Valeo)
-inferior officers can be appointed by the court
-Congress can’t remove people if they do things non-legislative (Bowsher v. Synar)
-Congress can regulate removal if not purely executive function (Humphrey’s Executor)
-test is do the restrictions “unduly trammel President’s ability to perform constitutional duty”