The Early Years of Congress's Anti-Removal Power.

The article examines Congress's "anti-removal power," defined as Congress's constitutional ability to discourage the president from removing executive officials, regardless of whether the president has unilateral removal authority. It argues that this power is supported by the Constitution’s text, structure, and founding-era practice, citing endorsements from Alexander Hamilton and James Madison and early statutes like the 1790 Sinking Fund Commission that increased the political costs of removal. The article explains how constitutional features such as the Appointments Clause and Senate procedural rules raise the costs and risks for presidents seeking to remove officials, thereby fostering a degree of independence for executive officers. This historical and structural analysis highlights Congress’s role in shaping executive branch stability and informs ongoing debates about the separation of powers and presidential removal authority.