U.S. Department
of Justice
Constitutionality of the Commissioner of Social Security’s Tenure Protection
Date of Issuance:
Headnotes
The President may remove the Commissioner of Social Security at will notwithstanding the statutory limitation on removal in 42 U.S.C. § 902(a)(3).
The conclusion that the removal restriction is constitutionally unenforceable does not affect the validity of the remainder of the statute.
Updated July 9, 2021