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 Dual for-cause limitations on the removal of Board members contravene the Constitution’s separation of powers. 


Our Constitution divided the “powers of the new Federal Government into three defined categories, Legislative, Executive, and Judicial.” INS v. Chadha , 462 U. S. 919, 951 (1983) . Article II vests “[t]he executive Power … in a President of the United States of America,” who must “take Care that the Laws be faithfully executed.” Art. II, §1, cl. 1; id., §3. In light of “[t]he impossibility that one man should be able to perform all the great business of the State,” the Constitution provides for executive officers to “assist the supreme Magistrate in discharging the duties of his trust.” 30 Writings of George Washington 334 (J. Fitzpatrick ed. 1939). 


Since 1789, the Constitution has been understood to empower the President to keep these officers accountable-by removing them from office, if necessary. See generally Myers v. United States , 272 U. S. 52 (1926) . The Court has determined, however, that this authority is not without limit. In Humphrey’s Executor v. United States , 295 U. S. 602 (1935) , the court held that Congress can, ...

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