Multistate Bar Examination Practice Question

President Smith appoints Jane Doe as the head of the newly established National Cybersecurity Agency (NCA). The enabling statute of the NCA stipulates that the agency head can only be removed for "inefficiency, neglect of duty, or malfeasance in office." Six months into her tenure, President Smith decides to remove Jane Doe without providing any specific reason. Jane Doe challenges her removal in court. Which of the following is the most likely outcome?

  • The statute requiring cause for removal supports the requirement for specific reasons.

  • The President may remove Jane Doe without providing a reason.

  • Jane Doe may resign in response to the President's request.

  • The statute restricting removal to specific causes allows for removal based on interpretation of those causes.

Multistate Bar Examination
Constitutional Law
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