T he first task of a President after taking the oath of office is to create an "administration"; that is to say, a more or less integrated body of officials through whom he can act. Certain questions arise. What is the scope of the President's power to appoint to office? What is the range of his supervisory powers over his appointees and of his power to remove them? To what extent are these powers subject to Congress? Obviously all these questions are closely related; and particularly is the question of the scope of the President's removal power intimately intertwined with that of the range of his supervisory powers. Whom the President may remove he may dominate.
It is the purpose of the first three sections of this chapter to deal with the foregoing questions in relation to the upper levels of federal administrative personnel, those whose members are clothed with "discretionary" powers. Then will follow a section devoted to consideration of Executive Order 9835, which in dealing with the problem of disloyalty in the civil service represents the projection of presidential disciplinary power into all levels of the service. A final section will treat of the kindred powers of the President to stop the mouths of his subordinates even when one of the other branches is trying to force them to talk.
It was formerly, and within limits is still, an element of the royal prerogative in England to create offices as well as to ap-
The Notes to this chapter begin on p. 359.