congress voted to remove the president from office.
congress voted to remove the president from office.
who votes to remove the president from office?
congress
at times the president has asserted the power to remove individuals from office. congress has often explicitly limited the president's power to remove; during the reconstruction era, congress passed the tenure of office act, purportedly preventing andrew johnson from removing, without the advice and consent of the senate, anyone appointed with the advice and consent of the senate. president johnson ignored the act, and was later impeached and acquitted. the constitutionality of the act was not immediately settled. in "myers v. united states", the supreme court held that congress could not limit the president's power to remove an executive officer (the postmaster general), but in "humphrey's executor v. united states", it upheld congress's authority to restrict the president's power to remove officers of the federal trade commission, an "administrative body [that] cannot in any proper sense be characterized as an arm or an eye of the executive."
article two of the united states constitution
on april 7, 1998, mayor hoskins swore in george h. hopper as a city council member though he had garnered fewer votes in the election than his opponent, incumbent kenneth mcclendon. write-in candidate mcclendon was removed from the ballot due to being late with a garbage bill. however, a county judge swore in mcclendon to the city council the day after hoskins ordered hopper to the position, because mcclendon had received more votes and this result was had been certified by the county election board. st. louis county prosecutor robert p. mcculloch sued to remove hopper from his position as councilman, writing in court papers that hopper "did not receive the highest number of votes cast. he is, therefore, not entitled to hold office". city attorney elbert walton jr. said that the lawsuit by mcculloch "isn't worth the paper it's written on". legislators including state senators william lacy clay, jr. and j.b. banks wrote a letter to mcculloch in support of the action by hoskins. a subsequent city council meeting in may 1998 became unruly when individuals began to protest hoskins' decision to recognize hopper, then the councilman-at-large. during the meeting, mayor hoskins ordered police to remove individuals, including a city councilman. he also ordered police to remove jan kreutz, who had brought political literature with her to the meeting.
theodore hoskins