AzNick
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Thu Sep-18-08 10:05 PM
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Can the president "fire" the SEC chief? |
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I had that discussion today, it does not seem that the SEC chief can be fired by the President.
Some "independent" guy (translate: closet Republican, a la Dobbs), argued with me that the President could.
I do not think it is possible, but I cannot find anything about this anywhere.
Or maybe only "if it was a dictatorship, as long as I am the dictator", as someone said.
Am I wrong or McCain, again, said something dumb?
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1corona4u
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Thu Sep-18-08 10:05 PM
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Not from what I have heard today.
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yardwork
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Thu Sep-18-08 10:07 PM
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2. You're right. McCain, again, said something dumb. |
Cosmic Charlie
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Thu Sep-18-08 10:09 PM
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3. no, that's why McCain had to come back and say he meant he would ask him to 'resign' |
Canuckistanian
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Thu Sep-18-08 10:10 PM
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4. No. The SEC Chairman is appointed by Congress. |
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Therefore, only Congress could remove him.
The SEC is supposed to be an independent regulatory body. That's by design.
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Curtland1015
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Thu Sep-18-08 10:10 PM
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Edited on Thu Sep-18-08 10:13 PM by Curtland1015
He cannot fire them just because he disagrees with his policies. From what I was reading earlier, this dates back to the 1930s, when President Roosevelt wanted to fire someone in the same position and it was ruled illegal.
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abumbyanyothername
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Thu Sep-18-08 10:13 PM
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6. The President cannot fire the Commisioner but . . . |
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He can demote him from being the Chairman.
The Commissioners are nominated by the President and confirmed by the Senate. There is a long line of Constitutional Law cases that hold that the balance of powers doctrine dictates that the President cannot unilaterally fire someone whose appointment required the confirmation of the Senate. (Imagine when Governor "shoot first, ask questions later" finds out about this!)
However, from among the Commissioners the President, in regulations dating back to the Truman administration (I think, authority -- unknown website found in a Google search), has the power to name the Chair.
Not worth the breath IMO, however.
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Hippo_Tron
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Thu Sep-18-08 11:12 PM
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7. I don't think he can demote him |
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He can not re-nominate him for the position when his term is up but once the President appoints the chair of the a commission and it's confirmed by the senate, he doesn't have any power over him. The job of chairman has a significantly shorter term than just a regular member term, though.
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Fri Apr 26th 2024, 10:28 PM
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