How do you Abolish a Cabinet Department? (user search)
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
June 02, 2024, 06:56:29 PM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Discussion
  Constitution and Law (Moderator: Okay, maybe Mike Johnson is a competent parliamentarian.)
  How do you Abolish a Cabinet Department? (search mode)
Pages: [1]
Author Topic: How do you Abolish a Cabinet Department?  (Read 10373 times)
True Federalist (진정한 연방 주의자)
Ernest
Moderators
Atlas Legend
*****
Posts: 42,144
United States


« on: August 15, 2012, 09:29:13 PM »
« edited: August 15, 2012, 09:37:38 PM by True Federalist »

It takes an Act of Congress to create or abolish a department or agency, or to transfer responsibility from one department to another.  Note that from time to time Congress had granted the President authority to enact reorganization plans to move or consolidate functions from one agency to another, but it has been decades since the Congress has let the President do so.  Mainly that is because of INS v. Chadha which in 1983 found the legislative veto to be unconstitutional, and the reorganization authority which had been granted made use of it.  Congress has generally been unwilling to give the executive branch carte blache to reorganize itself.
Logged
True Federalist (진정한 연방 주의자)
Ernest
Moderators
Atlas Legend
*****
Posts: 42,144
United States


« Reply #1 on: September 04, 2012, 12:23:33 AM »

Acts of Congress suffice, but it's not possible to entirely get rid of the Cabinet if for some stupid reason anybody would want to, since the 25th Amendment assumes its existence.

Not really.  First off the 25th doesn't call it the Cabinet, and second of all what it does say is:

Quote
You must be logged in to read this quote.

So for example, if the Congress wanted the Supreme Court or the Joint Chiefs of Staff to vet the Vice President's determination that the President is incapable of performing his duties, it could.

There is one weakness in the 25th.  What if there is no Vice President to trigger the inability section?  At that point, things revert back to the original Article II Section 1 Clause 6 muddle.
Logged
Pages: [1]  
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.025 seconds with 12 queries.