474
Interpreting and Preserving the Constitution
ate has in the past taken the position that, since the Senate must approve
the appointment, it must also consent to the removal. It was precisely
upon the basis of this claim that President Andrew Johnson was impeached and almost removed from office himself. Under the Tenure of
Office Act of 1867, Congress prohibited the President from removing any
department head without its consent. Judging the Act an unconstitutional interference with his executive powers, President Johnson ignored
the statute and attempted to remove the Secretary of War on his own authority. The House of Representatives impeached Johnson, but the Senate
failed to convict. Congress later repealed the statute and the issue was
dropped.
In the famous case of Meyers v. United States (1926), the Supreme Court
later ruled that the Senate may not res