Given the little dust-up over the Senator McCain's comment that he would remove Christopher Cox as Chair of the Securities and Exchange Commission, and questions as to whether the President has such authority, I thought it would be interesting to quote portions of the D.C. Circuit's majority opinion in Free Enterprise Fund v. PCAOB on the subject:
Members of the Commission, in turn, are appointed by the President with the advice and consent of the Senate and subject to removal by the President for cause; its chairman is selected by and serves at the pleasure of the President. (p. 3)
independent agencies such as the Commission by definition enjoy a degree of autonomy in conducting their affairs, including staffing and operations. Yet this independence is not without limits. In addition to the ability to appoint Commissioners, 15 U.S.C. § 78d(a), and remove them for cause, . . . which removal power the Supreme Court has interpreted broadly,[FN8] the President possesses significant additional levers of influence. Most obviously, by appointment of the Commission chairman, who serves at the pleasure of the President and often “dominate[s] commission policymaking,” the President can influence Commission policy and control who directs “the administrative side of commission business, select[s] most staff, set[s] budgetary policy, and as a consequence command[s] staff loyalties.” (pp.23-24)
FN8 The Supreme Court has held that the restrictions on the President’s removal of Commissioners for “inefficiency, neglect of duty, or malfeasance in office” are “very broad and . . . could sustain removal . . . for any number of actual or perceived transgressions.” (p. 24)
Related Posts (on one page):
- The D.C. Circuit on the President's Authority Over the SEC Chair:
- Keith Olbermann:
It's disheartening that some blowhards jumped on McCain for supposedly being mistaken about the President's ability to fire the SEC chair.
What still stands is that when faced with a crisis, McCain calls for heads to roll and points the finger at someone, who most agree, is quite capable and not the cause of these problems. That's what had George Will in a tizzy.
So he's actually not blameless in this. He was too friendly with the hedge funds.
Naked short selling has been a problem for years and the SEC hasn't done a thing to stop it until now.