Executive Controls. In 1982, the president of the United States appointed Matthew Chabal, Jr., to the position of U.S. marshal. U.S. marshals are assigned to the federal courts. In the fall of 1985, Chabal received an unsatisfactory annual performance

Question

rating, and he was fired shortly thereafter by the president. Given that U.S. marshals are assigned to the federal courts, are these appointees members of the executive branch? Did the president have the right to fire Chabal without consulting Congress about the decision?

Answer 1

Executive controls
Even though U.S. marshals are assigned to the federal courts, they are still members of the executive branch and may be dismissed by the president at will. The president has the power to appoint and remove executive officials. To prove that the president does not have this right, an appointee must prove (1) that the president at the time did not exercise purely executive powers and (2) that Congress has exercised its authority to limit the president's removal power. Chabal did not prove either of these factors.