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The first Congress had a debate over the removal power, the power of the President to remove executive officials. The removal power is mentioned nowhere in the Constitution. Congresss conclusion about the removal power in 1789 is often called the Decision of 1789. It was Congresss interpretation of the Constitutions provisions. The first Congress was tasked with creating the first executive departments, so they created the Department of Foreign Affairs or State, the Department of War, and the Department of Treasury. Each of these departments was headed by a principal officer or a secretary. The question arose whether the president had a constitutional power to remove these principal officers at will or whether the president could only remove these principal officers by and with the advice and consent of the Senate, the same advice and consent that was necessary for the appointment in the first place. The debate in the first Congress illustrates the structure of executive power. Jame
