Can a President fire his Vice President in mid term..........
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  Can a President fire his Vice President in mid term..........
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Author Topic: Can a President fire his Vice President in mid term..........  (Read 3383 times)
Lincoln Republican
Winfield
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« on: November 18, 2016, 08:53:06 PM »

..........just because he wants someone else?

I am not talking about a Vice President who breaks the law or does anything unethical.

I am assuming that since the President and Vice President are elected in an election that they are the President and Vice President for the next four years.

Please advise.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #1 on: November 19, 2016, 12:18:24 AM »

No.  If he could, don't you think John Adams would have fired Thomas Jefferson, Jefferson would have fired Aaron Burr, or John Quincy Adams would have fired John C. Calhoun, tho Calhoun resigned his office earlier to accept a Senate seat.  For that matter, if Andrew Johnson had been impeached, Presidents wouldn't be able to fire Cabinet members at all, as the primary charge was violating the Tenure of Office Act which required the President to get the approval of the Senate to fire executive branch members who required Senate approval to take office.
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Kingpoleon
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« Reply #2 on: November 19, 2016, 05:07:47 PM »

Technically, they could ask for and/or demand their resignation.
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Dereich
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« Reply #3 on: November 19, 2016, 10:29:45 PM »

The Vice President isn't just a member of the cabinet; they're a fully elected officer just like the President. While practically the VP choice belongs to the President, in constitutional terms that choice belongs totally in the hands of the electoral college. The only way they could be removed before the end of their term is impeachment.
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Kalwejt
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« Reply #4 on: November 20, 2016, 05:48:22 AM »

Vice President, being an elected official, can't be fired. Legally, he is not even answering to the President.
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President Johnson
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« Reply #5 on: November 20, 2016, 05:58:39 AM »

No, as elected official not possible. The only thing you can do as president is select a new running mate in the next election. Or try to convince him to resign and reappoint a new VP under the 25th amendment.
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politicallefty
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« Reply #6 on: November 20, 2016, 09:18:04 AM »

No.  If he could, don't you think John Adams would have fired Thomas Jefferson, Jefferson would have fired Aaron Burr, or John Quincy Adams would have fired John C. Calhoun, tho Calhoun resigned his office earlier to accept a Senate seat.  For that matter, if Andrew Johnson had been impeached, Presidents wouldn't be able to fire Cabinet members at all, as the primary charge was violating the Tenure of Office Act which required the President to get the approval of the Senate to fire executive branch members who required Senate approval to take office.

That's actually part of the reason why I wish he had been removed from office, not to mention severely weakening the Presidency. In the context of a separate executive branch and positions that require Senate approval, I think the Tenure of Office Act was a good idea. In terms of executive offices, what exactly separates one from being subject to Senatorial advice and consent versus not?

It's true that Myers v. United States (1926) was against the Tenure of Office Act, but that's largely a line of jurisprudence that has been rejected ever since. Two of the greatest Justices to ever serve on the Court were in dissent on that decision, Louis Brandeis and Oliver Wendell Holmes. Admittedly, one of worst was also in dissent (McReynolds), but broken clock and all that... I think the dissenters were far stronger than the majority in that case. Indeed, none in the majority are memorable as particularly good jurists.
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True Federalist (진정한 연방 주의자)
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« Reply #7 on: November 21, 2016, 12:16:10 AM »

In terms of executive offices, what exactly separates one from being subject to Senatorial advice and consent versus not?
Legislation.

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In theory, the Congress could decide to allow the President to appoint everyone and not bother the Senate with any Advise and Consent role. It probably would be a good idea to move some of the lower level functionaries into the Civil Service so that incoming administrations wouldn't have to worry about filling so many posts.
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Kalwejt
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« Reply #8 on: November 21, 2016, 08:03:34 AM »

IIRC Eisenhower proposed Nixon before the 1956 election to appoint him to a major cabinet post instead of the vice presidency. Nixon, knowing a cabinet secretary can be dismissed at hand while the VP can't, declined.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #9 on: November 21, 2016, 09:08:50 AM »

IIRC Eisenhower proposed Nixon before the 1956 election to appoint him to a major cabinet post instead of the vice presidency. Nixon, knowing a cabinet secretary can be dismissed at hand while the VP can't, declined.

Fortunately William Miller wasn't so obstinate when Carter offered him Secretary of the Treasury to get him away from the disaster he was making of things as Chair of the Federal Reserve.
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I’m not Stu
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« Reply #10 on: November 21, 2016, 08:23:29 PM »

No, the VP can only resign or be impeached.
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Absentee Voting Ghost of Ruin
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« Reply #11 on: November 21, 2016, 08:35:29 PM »



Easy as that man.

(He would be able to ask for his resignation, and I doubt a VP would refuse unless they really wanted to troll the President).

And why should, say, Vice-President Pence acquiesce? Instead he can argue that the call for his resignation demonstrates that President Pussygrabber is mentally incompetent and unable to fufill the duties of the President, and ask half the cabinet to confirm him as Acting President.

Who is in charge of picking Cabinet officials, again?

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