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Tuesday, June 9, 2026

Hamilton and the Removal Power


Gary Schmitt at AEI:
During the First Congress’s debate in which James Madison and others defended the ideas that the president had the constitutional power to remove department heads “at pleasure,” one of Madison’s opponents noted that, in Federalist #77, Alexander Hamilton had written that the Senate’s consent would be necessary not only for an official’s appointment but also “to displace” them. Madison and Hamilton, the two most influential expositors of the newly adopted constitution were seemingly at odds over how the government would remove senior administration figures.

Hamilton, alerted to the fact that his statement in Federalist #77 had been used to challenge Madison’s argument sent a note (see William Smith letter to Edward Rutledge, June 21, 1789) to a Madison ally in the House to let its members know that “upon more mature reflection,” he now agreed with Madison. The power to remove was the president’s alone as a constitutionally implied power of the office.

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