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Did Congress's creation of an agency head who cannot be removed by the president for five years except for cause violate the constitutional principles of checks and balances?

A) Yes, it violated checks and balances.
B) No, it did not violate checks and balances.
C) It's a matter of interpretation and debate.
D) The Constitution does not address this issue.

1 Answer

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Final answer:

Congress establishing an agency head who cannot be easily removed by the president except for cause touches upon the constitutional principle of checks and balances. It reflects the intent to prevent political interference but is subject to interpretation and debate over whether it oversteps Congress’s powers or undercuts the president's authority. the correct option is c).

Step-by-step explanation:

The question of whether Congress's creation of an agency head who cannot be removed by the president except for "cause" violates the constitutional principles of checks and balances is a complex one. The Constitution's framers designed a system where each branch of government would have certain powers but also be limited by the other branches. According to political scientist Richard Neustadt, this system was meant to encourage cooperation among branches rather than exerting control.

Congress has been given specific powers, such as the sole power to introduce legislation, and has the ability to override presidential vetoes. The Senate has a say in approving presidential appointments, which includes agency heads - a check on the executive's power. The impeachment process is another example of legislative checks on the executive.

Matters of constitutional interpretation can be debated, especially when concerning the balance of power and the actions taken by different branches of government. The creation of an independent agency head with a fixed term and protections against removal without cause can be seen as Congress trying to exert its power and provide stability in the agency's function, resisting potential political interference. However, others may view this as an overreach by Congress that usurps the president's executive power to administer the government.

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