It appears that career staffers are trying to sabotage the Trump presidency but he is not helpless to start cleaning house. The Civil Service scheme is highly unconstitutional because it prevents the president from removing insubordinate employees from their jobs.
The executive Power shall be vested in a President of the United States of America.
He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:
Therefore the Civil Service program is illegal because it robs the president of his power granted by the Constitution. Because it’s provisions are directly the opposite of the constitution. No doubt such an executive order would go all the way to the Supreme Court but with Obama’s new justice it would in all likelihood pass muster with the court.
In an op-ed in The Wall Street Journal today – titled “The President’s Right to Say ‘You’re Fired’” – Howard writes: “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.’… Because of civil-service laws passed by Congress…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.”
Come on Mr President…drain the civil service swamp.