Skip to main content Accessibility help
×
Hostname: page-component-7b7567c8c-tnzcf Total loading time: 0 Render date: 2026-11-15T05:07:39.775Z Has data issue: false hasContentIssue false

6 - Overseeing Law Execution

from Part III - The Executive Power

Published online by Cambridge University Press:  22 May 2026

Ilan Wurman
Affiliation:
University of Minnesota Law School
Get access

Summary

This chapter examines the President’s constitutional role in overseeing law execution, arguing that the Executive Vesting Clause and Take Care Clause grant the President authority to supervise, but not personally execute, national laws. It posits that the President’s power includes appointing and removing principal officers without congressional interference, as affirmed in the "Decision of 1789" and in Myers v. United States (1926). It explores the Appointments Clause, links the removal and appointment powers, and offers a novel explanation for why the Constitutional Convention did not discuss the removal power. It also addresses inferior officers, whose removal may be vested in department heads with potential tenure protections, provided adequate control mechanisms exist. Along with the next chapter, however, this Chapter suggests that the President cannot necessarily direct principal officers in the exercise of their discretionary duties unless statutorily authorized. The chapter proposes a nuanced view: the President can demand information and remove officers but lacks a constitutional right to control their actions, distinguishing this original account of presidential power from other “unitary executive” and “persuader-in-chief” theories.

Information

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Book purchase

Temporarily unavailable

Save book to Kindle

To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Overseeing Law Execution
  • Ilan Wurman, University of Minnesota Law School
  • Book: The Constitution of 1789
  • Online publication: 22 May 2026
  • Chapter DOI: https://doi.org/10.1017/9781009485708.011
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Overseeing Law Execution
  • Ilan Wurman, University of Minnesota Law School
  • Book: The Constitution of 1789
  • Online publication: 22 May 2026
  • Chapter DOI: https://doi.org/10.1017/9781009485708.011
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Overseeing Law Execution
  • Ilan Wurman, University of Minnesota Law School
  • Book: The Constitution of 1789
  • Online publication: 22 May 2026
  • Chapter DOI: https://doi.org/10.1017/9781009485708.011
Available formats
×