Appointments, Removals, Oversight

PAS and non-PAS

Confirmation hearings:

• Clarence Thomas
• Ambassadors

Process

• The nuclear option (Fisher, pp. 35-36):
• Senatorial courtesy (Fisher, pp. 33-34) and blue slips

• Current case on the Consumer Financial Protection Bureau

The Senate seldom votes down Cabinet nominations.


Removals:

• Federalist 77: IT HAS been mentioned as one of the advantages to be expected from the co-operation of the Senate, in the business of appointments, that it would contribute to the stability of the administration. The consent of that body would be necessary to displace as well as to appoint. 
• But he flip-flops as Pacificus: "With these exceptions the Executive Power of the Union is completely lodged in the President. This mode of construing the Constitution has indeed been recognized by Congress in formal acts, upon full consideration and debate. The power of removal from office is an important instance."
• Decision of 1789
• Myers v. US
• Humphrey's Executor v. US
• ONCE AGAIN: INDEPENDENT AGENCIES AND INDEPENDENT REGULATORY COMMISSIONS ARE TWO DIFFERENT THINGS.
• Saturday Night Massacre (Fisher, p. 81):
• Ruckelshaus on the massacre
• Bork on the massacre

Oversight

• GAO -- video
• CBO
• CRS
• Diminished institutional capacity

Legislation:  Executive Branch Organization and Laws on Reporting 

• Inspectors General
• Reporting requirements