Reading Room Document

Removal of Members of the Commission on Federal Laws for the Northern Mariana Islands

The basic presumption underlying the general law on the President's removal authority is that the power to appoint implies the power to remove. Although Congress may alter this presumption by an express indication to limit the President's removal authority, consistent with constitutional requirements, it has not done so in establishing the Commission on Federal Laws for the Northern Mariana Islands. Members of the Commission are appointed by the President. The covenant establishing the Commission and its legislative history indicate no intention to restrict Presidential removal power. Accordingly, in the absence of any congressional intent to the contrary, the President has the authority to remove Commission members in his discretion, even though the Commission performs no executive functions and provides services exclusively to the Legislative Branch. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/23496/download.

April 14, 1983