OPINION — In two important recent decisions, Chief Justice John Roberts, writing for the U.S. Supreme Court majority, asserts that the Constitution forbids Congress from establishing government officials who the president can only remove for cause — with the singular exception of the Federal Reserve’s Board of Governors.
His argument is unpersuasive. The consequences are extensive and severe enough to warrant discussion of a constitutional amendment.
The Constitution provides the process by which high-ranking government positions are established and filled. The president nominates subject to approval by the Senate. The Constitution is silent about the removal of a Senate-approved government official.