Hypotheticals for "Appointment and Removal Power" and Morrison v. Olson
 

1. Department of Environmental Protection Act

    Section 1.

    There is hereby created a Department of Environmental Protection (DEP).

    Section 2.

    The President may appoint a Secretary of the DEP with the advice and consent of the
    Senate, and the President may remove the Secretary for just cause.

Question to think about: Is this statute constitutional? What authority supports your answer?


2. The Federal Health Care Cost Control Act

    Section 1.

    There is hereby created a Federal Health Care Costs Commission (FHCCC).

    Section 2.

    The Commissioner of the FHCCC may establish maximum prices for health care
    products or services.

    Section 3.

    In cases of extreme hardship, the Commissioner of the FHCCC may waive the maximum
    price limitations for an individual provider.

    Section 4.

    The President shall appoint a Commissioner of the FHCCC with the advice and consent of
    the Senate, and the President may remove the Commissioner only for good cause.

Questions to think about: On what basis (and upon what authority) could you argue that
this statute is constitutional? Unconstitutional?


3.  Same as # 2, except redesignate Section 4 above as Section 5, and add Section 4, as follows:

    Section 4.

    The Commissioner of the FHCCC may investigate and prosecute violations of this act.

Questions to think about: On what basis (and upon what authority) could you argue
 that this statute is constitutional?


4. Same as # 3, except substitute Section 5 as follows:

    Section 5.

    The President shall appoint a Commissioner of the FHCCC with the advice and consent of
    the Senate, and the President or Congress may remove the Commissioner for cause.

Questions to think about: On what basis (and upon what authority) could you argue that
this statute is unconstitutional?