As I remind you that Barack Obama set-up some of his staff into federal government jobs ahead of his administration leaving the White House, report has come out that At Least 180 Federal Workers Planning to Disobey Trump Administration.
That’s nice. But in most cases the lingering “Progressive” Obama enemy within can be handed pink slips by the new boss in the Oval Office…
President Trump wants to overhaul the civil service. Even ardent liberals agree it needs to be rebuilt, but past efforts at reform have withered in Congress under union power and public indifference. There’s a more direct path: Mr. Trump can repudiate civil service in its current form as a violation of the Constitution’s mandate that “the executive power shall be vested in a President.”
Executive power is toothless without practical authority over personnel. “If any power whatsoever is in its nature executive,” James Madison once observed, “it is the power of appointing, overseeing, and controlling those who execute the laws.” Taking away the president’s power over executive branch employees is synonymous with removing his executive power altogether. Yet this is exactly the case today. Because of civil-service laws passed by Congress many years ago, the president has direct authority over a mere 2% of the federal workforce.
The question is whether those laws are constitutional. Does Congress have the power to tell the president that he cannot terminate inept or insubordinate employees? The answer, I believe, is self-evident. A determined president could replace the civil-service system on his own, by executive order. The move would doubtless be challenged in court, but it would likely be upheld, especially if the new framework advances legitimate goals, honors principles of neutral hiring and is designed to foster a culture of excellence.