Question

Instructions: Read Chapter 2 before completing the following three questions regarding the "Biotechnology Review Act". The Critical Thinking and Application Problem is located at the end of the chapter. 1. Is the appointment and removal provision constitutional? Explain your answer. 2. Is the congressional oversight provision constitutional? Explain your answer. 3. Do you believe the independent counsel law violates the separation of powers? Explain your answer. AGRI 3312 Week 2: Assignment 3 (A3)

Answer 1

1)

This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. Constitutional provision is a specifically designed law within a State's or Nation's constitution.

Appointment Provision

Appointment class is the part 2 section 2 clause 2 of the United States constitution, which empowers the President of United States to nominate and appoint public officials with the advice and consent of the US Senate. This is to keep in mind that the appointment clause give the executive branch and the president, the right to appoint the federal officers, not the Congress. The positions included may be ambassadors, ahead of cabinet-level departments and Federal judges.

Hence appointment provision shall be considered as Constitutional. It provides the authority to the President to appoint officers of United States subjected by the confirmation of US Senate.

Removal Provision

Article 2 grants the President of Unites States the executive power of the government . It means that the General Administrative Control of the executing laws including the power of appointment and removal of Executive Offices and article 2 also excludes the exercise of legislative power by congress that is to provide for appointments and removal.

in Myers v/s United States it was concluded that the power to remove appointed officials with the exception of Federal judges rests solely with the president and does not require Congress approval.

2)

Congressional Oversight

Congressional oversight is the oversight of Executive Branch over the actions of Congress. It includes,

a) Review

b) Monitoring and

c) Supervision of Federal Agencies rograms activities and policy implementations. The US Constitution grants no formal and Eepress authority to oversight the executive programme administration to the Congress. But regardless Congress overseas the executive program by various other constitutional provisions provided to it. It is said that Congress general oversight is one of the implied powers granted to Congress by the "necessary and proper" clause of the constitution.

Case law : McGrain v. Daugherty.

Most importantl part is that the constitution says nothing about Congressnal oversight but since Congress possesses all legislative powers the power to investigate is present to it.  

3)

The ethics in Government Act of 1978 created a special prosecutor which was later changed to independent counsel position. The same could be used by Congress for their Attorney General to investigate individuals holding or formerly holding certain high positions in Federal Government and in the nation. They are the officials appointed by the court to investigate and prosecute criminal violations by high government officials members of Congress or Directors of President Election Campaign. This Council helps to have an impartial investigation in situations which arises the conflict of interest faced by Attorney General.

Separation of power is mentioned in Article 2 of United States constitution, is a constitutional principle introduced to ensure that the three major Institution of the states that is the legislative, the executive and the Judiciary are not concentrated in any single hand/ body weather in function, personal or power.

They help the nation to have an unbiased and impartial investigations hence they do not violates the separation of powers. The major objective of the law to make independent counsel law was to ensure that a constitutional crisis don't occur in the nation. These separate Council members attempt to solve the problem by protecting investigation of Executive Branch and love breaking from executive branch interference. Hence helping in the independent working of the the three parties namely the legislative the executive and the judiciary.

This independent counsel law indeed helps in maintaining a separation of power that too in a very Independent and unbiased manner.

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