For-Cause Removal

Online
Essay
Of Angels, Pins, and For-Cause Removal: A Requiem for the Passive Virtues
Jerry L. Mashaw
Jerry L. Mashaw is Sterling Professor Emeritus and Professorial Lecturer at the Yale Law School.

This Essay concerns a constitutional puzzle, the puzzle of for-cause removal. For a century the Supreme Court has been attempting to answer a simple question: when is it constitutional for Congress to provide that an agency head or lower official can be removed only for cause?

Executive Branch For-Cause Removal Separation of Powers Unitary Executive

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