The Postmaster General Is Unconstitutional

Document Type

Op-Ed

Publication Date

2-18-2021

Publication Title

DemCast

Keywords

postmaster general, DeJoy, Trump, Biden, USPS, Appointments Clause

Abstract

Postmaster General Louis DeJoy has been nothing short of controversial since his appointment in June 2020. During the summer, allegations arose that DeJoy, a close ally of former President Donald Trump, implemented changes to the U.S. Postal Service to deliberately slow down the delivery of mail. The alleged goal of the slowdown was to hamper voting by mail in order to aid President Trump’s re-election chances.

President Joe Biden likely wants to fire DeJoy and appoint a new Postmaster General. The problem? Under current law, Biden does not have the power to either fire the existing Postmaster General or to appoint a new one. Does this mean Biden will be stuck with DeJoy for as long as he wants to remain Postmaster General? Not necessarily. DeJoy’s appointment may be in violation of the Appointments Clause in Article II of the Constitution.

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