← Legal Glossary
Decision of 1789
Definition
A debate in the First Congress over whether the President had implicit constitutional authority to remove executive officers without Senate approval. The majority sided with James Madison's view that removal power is inherent in executive power, and this is often cited as historical evidence for presidential removal authority.
Examples
- •Petitioners cited Madison's successful argument in the First Congress that the power to oversee and control those who execute the laws is quintessential executive power