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US Federal Constitution QUESTION #5810
Question 1
A new federal law prohibits the President from removing the Director of the Federal Bureau of Investigation (FBI) except for 'inefficiency, neglect of duty, or malfeasance in office.' The Director's term is set at 10 years. Is this removal restriction constitutional?
  • No, because the President has absolute power to remove all executive branch officials at will.
  • No, because the FBI Director is a principal officer and the restriction interferes with the President's executive duties.
  • Yes, because Congress may limit removal of any executive officer for cause.
  • Yes, provided the restriction does not impede the President’s ability to perform his constitutional duties.✔️
Correct Answer Explanation
While the President has broad removal power, Congress can impose 'for cause' restrictions on certain executive officers (like the FBI Director) as long as the restriction does not interfere with the President's Article II 'take care' duties. The Supreme Court has distinguished between single-headed agencies and multi-member boards, but the modern test focuses on functional interference.