Description
Congress enacts a statute known as the Digital Privacy Act which created an agency—the Independent Internet Regulatory Authority (IIRA) . The Act states that the IIRA will consist of seven members. The term of the appointment for each member will be seven years. Each commissioner shall be nominated by the president and confirmed by the Senate. The members of the Authority may be removed by the president with the concurrence of the Senate in cases of malfeasance, incompetence, or neglect of duty.
The statute goes on to state that the IIRA is to provide protections for the use of personal data by high-tech companies. The Authority has the power to: (1) issue cease-and desist orders to companies that misuse personal information collected on the individuals who use their platforms; (2) hear claims and issue damage awards to individuals who have been harmed by companies that violate an individual user’s right to privacy; and (3) promulgate regulations necessary to implement and administer provisions 1 and 2.
All the regulations promulgated by IIRA must be sent to a substantive committee in each house of Congress. Either house of Congress is given the authority under the Board’s enabling legislation to amend or repeal any rule promulgated by the Authority. With this as background, answer the following questions:
Is the appointment and removal provisions of the IIRA constitutional? Why or why not?
Is the congressional oversight provision in the legislation constitutional? Why or why not?
Is there merit to the argument that a president needs the authority to remove members of an authority to ensure adequate political control over the decision-making activities of non-elected public administrators?
Assume the president decides to act and fires the chair of the Authority. In so doing, he/she has directed you, a member of the White House staff, to carry out this dismissal. Based on your knowledge of case law regarding the removal power of presidents, should you order this firing, or should you refuse to carry it out? Why or why not?
Finally, should Congress change the name of the Independent Internet Regulatory Authority to the Independent Internet Regulatory Commission to better reflect its functions and responsibilities? Why or why not?
Helpful Supplementary Materials:
Swain, J.W. & K.D. Swain. “Essential Preliminary Steps to Effective Writing.” Chapter 1 of Effective Writing in the Public Sector. Armonk, NY: M.E. Sharpe, 2014. Pages 3-16.
Swain, J.W. & K.D. Swain. “The Mechanics of Writing A Refresher Course on the Basic Rules of English.” Chapter 2 of Effective Writing in the Public Sector. Armonk, NY: M.E. Sharpe, 2014. Pages 17-38.