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What is a wrongful act or the violation of someone's rights that leads to legal liability called?

User Khampson
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1 Answer

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Final answer:

The President generally has the power to remove any appointed officials without needing Senate consent. Congress's attempts to limit this power, like the Tenure of Office Act, have been overturned, providing the President significant independence in executive branch management. so, option 2 is the correct answer.

Step-by-step explanation:

The question concerns the President's power of removal of appointed officials. When considering whether the President can unilaterally remove appointees, historical context and constitutional law come into play. Initially, there was debate in the early period of the U.S. government regarding the president's removal power. James Madison believed in the president's need for this power to manage the administration effectively.

While Congress can limit certain powers of the President like withholding war declarations or military funding, the President retains significant independence in the executive branch, including the removal of certain appointees. The historical Tenure of Office Act (1867) required Senate approval for the removal of certain officials, but it was essentially repealed and its provisions have been invalidated over time, especially following the Supreme Court's ruling in 1926.

Understanding this background, the correct statement regarding the President's removal power is: As a general rule, the President may remove any officeholders he or she has appointed. This does not require Senate consent for removal, and there is no constitutional requirement for an official to remain in office until a successor is confirmed, nor is removal limited to cases of incompetence alone.

User NLV
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