To the editor: I wholeheartedly endorse UC Berkeley School of Law Dean Erwin Chemerinsky’s stance on safeguarding key federal agency executives from being dismissed on a whim by the sitting president. That said, I wish he had elaborated more on how granting such authority to the president could undermine the vital missions and operations of these agencies.
Chemerinsky highlighted that, under the current legislation, department leaders can indeed be disciplined, including being removed from their position. However, this action must be justified—based on legitimate job-related reasons rather than being subject to the president’s personal preferences. Agencies like the National Labor Relations Board, the Equal Employment Opportunity Commission, and the Federal Election Commission have already fallen victim to President Trump’s illegitimate removals.
Chemerinsky observed that the Trump administration holds an extreme opinion that even civil service protections established in 1883 are unconstitutional. For those less familiar with this, it’s straightforward: Civil service protections ensure that government agency employees are selected based on merit. They are required to pass specific examinations and a probationary phase to earn their status as qualified, permanent employees. And even after achieving permanent status, they can be subjected to disciplinary actions or even terminated, provided there is just cause.
These civil service laws replaced the corrupt spoils system, where presidents used government roles as rewards for their supporters, friends, and financial backers. One can only imagine the chaos that ensued in the past, and the havoc it could wreak if history repeats itself. This disturbing trend has already begun, so let’s stay vigilant.
Michael Harvey Miller, Pasadena
The writer is a retired attorney…
To the editor: Chemerinsky explains that the current administration is subscribing to a radical interpretation of presidential power, called the unitary executive theory, which suggests that Congress has no authority over the executive branch’s operations.
Interestingly, Article I, Section 7 of the U.S. Constitution grants Congress the power to override a presidential veto, which implies that Congress does, in fact, have the ability to impose certain regulations on the executive branch.
Larry Keffer, Mission Hills
