The president can directly terminate officers at the National Labor Relations Board and three other agencies, provided the U.S. Supreme Court overturns its 80-year precedent, according to a new U.S. Department of Justice (DOJ) position.
The DOJ said in a Feb. 12 letter to Sen. Dick Durbin (D-Ill.) that it has determined that the for-cause provisions for members at the National Labor Relations Board, the Consumer Product Safety Commission, and the Federal Trade Commission violate the U.S. Constitution.
The Supreme Court ruled in 1926 that the president has unrestricted power under the Constitution to remove executive officers appointed by him and confirmed by the U.S. Senate. But about a decade later, justices said that Congress may forbid the removal of members of the Federal Trade Commission unless there is just cause….