Ron Pecinovsky
on May 15, 2025
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ANYONE IN THE EXECUTIVE BRANCH CAN BE HIRED OR FIRED AT THE PRESIDENTS PLEASURE.
Last week, the President fired the Librarian of Congress, and then the Register of Copyrights, who is the Librarian's subordinate. I will set aside the question of whether that was a good idea, and focus on the legal question—how can the President fire the Librarian of Congress?
The answer appears to be that the Library of Congress is actually an Executive Branch department for legal purposes, though it also provides some services to Congress. Indeed, I think it has to be such a department in order to have the authority that it has over the implementation of copyright law (via the Register of Copyrights): As Buckley v. Valeo (1976) made clear, in a less famous part of its holding, Congress can't appoint heads of agencies that exercise executive powers.
The Librarian of Congress can be fired by the President of the United States, without a requirement for Senate approval or a formal impeachment process. While the position is term-limited to 10 years, with the possibility of reappointment, the President has the authority to remove the Librarian from office, even before the term expires.
npr com congress gov uscourts gov constitution gov
THE IRS IS PART OF THE EXECUTIVE BRANCH...THE PRESIDENT CAN HIRE...FIRE...AND MAKE CHANGES TO ANY DEPARTMENT UNDER HIS COMMAND.
THE JUDICIAL COURTS HAVE NO CONTROL OVER THE PRESIDENT AND ANY POWERS GIVEN TO HIM UNDER THE CONSTITUTION.
IF THE SCOTUS RULES...IT MUST RULE AS THE CONSTITUTION DIRECTS...
The Internal Revenue Service (IRS) is part of the Executive Branch of the U.S. government.
Here's a more detailed explanation:
Executive Branch: The Executive Branch is responsible for implementing and enforcing the laws written by Congress. It includes the President, Vice President, the Cabinet, and various federal agencies.
Department of the Treasury: The IRS is a bureau of the U.S. Department of the Treasury. The Department of the Treasury is one of the 15 Executive Departments within the Executive Branch.
Role of the IRS: The IRS is the nation's tax collection agency and administers the Internal Revenue Code. It's responsible for determining, assessing, and collecting internal revenue (taxes) in the United States.
In summary: The IRS is part of the Department of the Treasury, which is an Executive Department, making the IRS part of the Executive Branch.
usconstitution gov
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