Reading Room Document

Constitutionality of attempt by Congress to prohibit an officer in the Executive branch from continuing to hold one of two offices to which he was appointed by and with the advice and consent of the Senate.

The document discusses the constitutionality of a legislative attempt to prohibit a person from holding the positions of Director of the Peace Corps and Director of the Office of Economic Opportunity simultaneously. The conclusion reached is that such legislation would be invalid because it would constitute an attempt by Congress to remove an officer of the Executive branch in a manner not authorized by the Constitution. The document presents questions about the power of Congress to impose qualifications for executive positions, the exclusive power of the President to remove executive officers, and the limitations on Congress in removing officers without impeachment. It also raises the issue of whether Congress can retroactively impose qualifications to remove an incumbent from office.

June 3, 1965