Decision of 1789

The Decision of 1789 refers to a month-long constitutional debate that occurred during the first session of the United States House of Representatives as to whether Article Two of the United States Constitution granted the president the power to remove officers of the United States at will. It has been called "the first significant legislative construction of the Constitution".^[1] The debate centered around "a bill that would create a Department of Foreign Affairs"—the precursor to the Department of State—and which branch of government would have the power to remove officers from that department.^[1]

Congress ultimately enacted three departmental acts "that contained nearly identical language", none of which contained language expressly granting the President removal power.^[1] Nonetheless, one of those acts included a proviso urged by James Madison that many scholars believe "was meant to imply recognition that the Secretary would be removable by the President at will".^[2] Justices of the Supreme Court and legal scholars continue to debate the legal significance of the decision.^[1][3]