haracter of those just named, [the
Interstate Commerce Commission, the Federal Trade Commission, the Court
of Claims]. The authority of Congress, in creating quasi-legislative or
quasi-judicial agencies, to require them to act in discharge of their
duties independently of executive control cannot well be doubted; and
that authority includes, as an appropriate incident, power to fix the
period during which they shall continue in office, and to forbid their
removal except for cause in the meantime. For it is quite evident that
one who holds his office only during the pleasure of another, cannot be
depended upon to maintain an attitude of independence against the
latter's will. * * *

"The result of what we now have said is this: Whether the power of the
President to remove an officer shall prevail, over the authority of
Congress to condition the power by fixing a definite term and precluding
a removal except for cause, will depend upon the character of the
office; the _Myers_ decision, affirming the power of the President alone
to make the removal, is confined to purely executive officers; and as to
officers of the kind here under consideration, we hold that no removal
can be made during the prescribed term for which the officer is
appointed, except for one or more of the causes named in the applicable
statute."[316]

Other Phases of Presidential Removal Power

Congress may "limit and restrict the power of removal as it deems best
for the public interests" in the case of inferior officers.[317] But in
the absence of specific legislative provision to the contrary, the
President may remove at his discretion an inferior officer whose term is
limited by statute,[318] or one appointed with the consent of the
Senate.[319] He may remove an officer of the army or navy at any time by
nominating to the Senate the officer's successor, provided the Senate
approves the nomination.[320] In 1940 the President was sustained in
removing Dr. E.A. Morgan from the chairmanship of TVA for refusal to
produce evidence in substantiation of charges which he had levelled at
his fellow directors.[321] Although no such cause of removal by the
President is stated in the act creating TVA, the President's action,
being reasonably required to promote the smooth functioning of TVA, was
within his duty to "take care that the laws be faithfully executed." So
interpreted, it did not violate the principle of administrative
independence set forth in Hump