May the United States Congress remove any secretary?

  • Is it possible for a United States Secretary to be removed by the House of Representatives or the Senate?

    The Senate is part of Congress, by the way, so "the Congress or the Senate" doesn't really make sense; possibly you meant "by the House or the Senate"

    @MichaelMrozek You are totally right.

    I changed it to reflect that meaning. The first version was imho clear about that point.

  • Not directly, as:

    Members of the Cabinet serve at the pleasure of the President, which means that the President may dismiss them or reappoint them (to other posts) at will.

    Nonetheless can Congress get rid of a criminal secretary via its Congressional oversight powers and by using the Impeachment procedure (cf Article 2, Section 4 of the U.S. Constitution), but only if they are found guilty of some sort of crime.

    Impeachment is a two-step process. First the House of Representatives impeaches the official and only after that does the Senate try him. If found guilty by the Senate the official is immediately removed from his duties.

    @MichaelMrozek Good idea to combine both answers ;)

    I tried not to change your meaning, I just rearranged it because I read it wrong the first time

    No problem, I added some more details about the impeachment procedure. Thanks for the ref re: the constitution!

    It might be worth mentioning that a secretary facing impeachment would probably resign or be dismissed before the impeachment got very far.

    Not quite correct. Impeachment would be directly removing someone, for one. For another, they don't have to first be convicted in a criminal court or tribunal. The finding of "guilty of crimes" is actually the ones the House would impeach them for, which is pretty much open to whatever they want it to be, and conviction by the Senate. Won't down-vote it, but this is far enough off the mark that it shouldn't really be the accepted answer.

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Content dated before 7/24/2021 11:53 AM

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