if the president can fire the attorney general then where is separation of powers

Can the Office of the Attorney General provide advice on separation of powers?

Aug 27, 2009 · The president can fire the attorney general. O bama administration spokesmen are portraying the president as unable to overrule Attorney General Eric Holder’s decision to have a …

Is the removal of the President compatible with the separation of powers?

Jul 31, 2014 · In this memorandum we discuss the general principles underlying separation of powers analysis, and we address certain specific questions that have arisen in the past. Any set of examples is necessarily illustrative rather than exhaustive, however, and the Office of Legal Counsel is always available to assist in reviewing legislation or other ...

Can a president fire a general?

Chadha, 462 U.S. 919, 951 (1983) (the Constitution's separation of powers is designed to counteract the “hydraulic pressure inherent within each of the separate Branches to exceed the outer limits of its power”). 3 The Attorney General noted that “[t]he first presidential defense of the integrity of the powers of the Executive

Can Congress take away an officer’s authority?

Justice Department.36 First, because the President has authority over principal officers, he could order the Attorney General to remove a special counsel.37 Second, the President could repeal DOJ current regulations concerning special counsel and then fire a special counsel directly.38 Congress’s role in the appointment and removal of a special

Can the President remove the attorney general?

The President of the United States has the authority to appoint U.S. Attorneys, with the consent of the United States Senate, and the President may remove U.S. Attorneys from office. In the event of a vacancy, the United States Attorney General is authorized to appoint an interim U.S. Attorney.

How has the Supreme Court defined the President's authority regarding the removal of upper level executive branch officials?

However, the following U.S. Supreme Court cases clarified the president's sole removal authority: Myers v. United States (1926): The court held that the power to remove appointed officials, with the exception of federal judges, rests solely with the president and does not require congressional approval.

Who can remove Attorney General?

the PresidentHe can be removed by the President at any time. He can quit by submitting his resignation only to the President. Since he is appointed by the President on the advice of the Council of Ministers, conventionally he is removed when the council is dissolved or replaced.

What does Article 2 Section 2 Clause 2 of the Constitution mean?

Important Cases. The second clause of Article II Section 2, the Advice and Consent Clause, contains two separate Presidential powers – both requiring the consent of the Senate. The Treaty Clause allows the President to negotiate and enter into agreements with foreign countries upon the approval of the Senate.

Can a president dismiss a member of the Supreme Court and replace him?

The Constitution states that Justices "shall hold their Offices during good Behaviour." This means that the Justices hold office as long as they choose and can only be removed from office by impeachment.

Can president fire Cabinet members?

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. United States (1926), or downgrade their Cabinet membership status.

What is the Article 78?

Article 78 of the Constitution deals with the duties of the Prime Minister with respect to the furnishing of information to the President.Jul 6, 2020

What is the difference between Attorney General and Solicitor General?

The attorney general is usually a highly respected senior advocate of the court, and is appointed by the ruling government. ... The solicitor general is the second law officer of the state after the attorney general.Jan 14, 2006

What is the Article 143?

Article 143 of the Constitution authorises the president to seek the opinion of the Supreme court in the two categories of matters: On any question of law or fact of public importance which has arisen or which is likely to arise.

What is Article 2 Section 3 of the Constitution?

Article II, Section 3 both grants and constrains presidential power. This Section invests the President with the discretion to convene Congress on “extraordinary occasions,” a power that has been used to call the chambers to consider nominations, war, and emergency legislation.

What powers does section 2 give the President?

The Constitution provides, in the second paragraph of Article II, Section 2, that “the President shall have Power, by and with the Advice and Consent of the Senate to make Treaties, provided two thirds of the Senators present concur.” Thus, treaty making is a power shared between the President and the Senate.

What are five powers of the US president listed in section 2 of Article 2?

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all ...

In absence of legislation, Garland DOJ to 'use its might' to try to enforce voting laws

"More than anything, we need to restore the honor, the integrity, the independence of Department of Justice in this nation that has been so badly damaged," Biden said when he introduced Garland as his choice to be the nation's top prosecutor in early January. "I want to be clear to those who lead this department, who you will serve.

Democrats demand answers about Trump-era DOJ data seizures

Similarly, Garland's department is trying to protect former Education Secretary Betsy DeVos from having to testify in a student loan case.

What power does the President have?

The President has the specific power under the Constitution to conclude international agreements with the advice and consent of the Senate. However, he also has some power to conclude executive agreements without the Senate's ratification under his broad foreign affairs power. Executive Agreement.

What is the constitutional division of powers?

Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law. Checks and Balances. A violation of separation of powers in which branches of government encroach on certain duties of others.

What is a tap card?

Tap card to see definition 👆. A violation of separation of powers in which branches of government encroach on certain duties of others. Examples include the President's power to reject laws proposed by Congress or the Court's power to declare laws unconstitutional.

Which branch of government is responsible for making laws?

Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law.

What is a check and balance?

Checks and Balances. A violation of separation of powers in which branches of government encroach on certain duties of others. Examples include the President's power to reject laws proposed by Congress or the Court's power to declare laws unconstitutional.

What is the Constitution? What are some examples?

For example, the Constitution requires that laws are passed by both chambers of Congress, and not following that process violates separation of powers. Bag of Marbles Example.

What is a joint resolution?

Joint Resolution. A formal expression without the force of law of congressional opinion that must be approved by both houses of congress and by the President. Concurrent Resolution. An expression of opinion without the force of law that requires the approval of both the House and the Senate, but not the President.