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MMLU / During the final days of his presidency, many of the President's Cabinet members…

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question

During the final days of his presidency, many of the President's Cabinet members began leaking rather embarrassing stories about the President to the press. In one such story, which appeared in a newspaper, an unidentified Cabinet member was quoted as saying that the President pardoned the owner of a professional baseball team, for a previous felony conviction because the owner promised to give the President a lifetime pass to all future games. Upset by these news "leaks," the President, in his last official act, issued an executive order banning all executive employees from having conversations with members of the press unless prior permission had been obtained from an administrative supervisor. The executive order called for the dismissal of any employee willfully in violation of that order. After the President left office, the press made repeated references to the executive order and derisively referred to it as the President's legacy. Nonetheless, after the new President took office he promised to abide by the order. Thereafter one of the Vice President's senior advisers, leaked a story to a magazine stating that the Vice President told staff members that the only reason he visited a city following an earthquake was because he wanted to play golf at a nearby golf course. The magazine printed the story and named the senior adviser as the source. In compliance with civil service regulations, a hearing was conducted and the senior adviser was found to have violated the executive order barring unauthorized conununications with print media. Subsequently, the senior adviser was summarily dismissed from his executive staff position. The senior adviser brings an appropriate action seeking reinstatement and challenges the constitutionality of the executive order. If this case reaches the U. S. Supreme Court, the justices should rule the executive order is

choices

  1. constitutional, because governmental employment is a privilege and not a right.
  2. constitutional, because the President has plenary power to set forth employment regulations for executive department employees.
  3. unconstitutional, because Congress, not the President, has authority to regulate the terms and conditions of federal employment.
  4. unconstitutional, because the President cannot broadly limit all executive employees' freedom of speech and association.

subject

professional_law

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