Power of the President to Remove Federal Officers: Opinions and Dissenting Opinions of the Supreme Court of the United States in the Case of Lois P. Myers, Administratrix of Frank S. Myers, Appellant, V. the United States Together with Briefs and Oral Arguments by Mr. Will R. King, the Senior Senator from Pennsylvania, Mr. Pepper, and the Then Solicitor General, Mr. Beck : Also Briefs and Reply Briefs in Reargument |
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Page 22
... Department . ( 19 Stat . 80. ) Under the provisions of this statute the plaintiff contends that his removal from ... heads of departments . The office held by the plaintiff is an office not provided for in the Constitution , but is ...
... Department . ( 19 Stat . 80. ) Under the provisions of this statute the plaintiff contends that his removal from ... heads of departments . The office held by the plaintiff is an office not provided for in the Constitution , but is ...
Page 23
... department , in case of vacancy in the office of Secretary , by removal or otherwise . It is not here said , by removal by the President , as is done with respect to the heads of the other departments ; and yet there can be no doubt ...
... department , in case of vacancy in the office of Secretary , by removal or otherwise . It is not here said , by removal by the President , as is done with respect to the heads of the other departments ; and yet there can be no doubt ...
Page 41
... heads of departments . ( Art . 2 , sec . 2 , cl . 2. ) Under the concluding sentence Congress was not obliged to vest the appointment of any postmasters in the President alone , nor with the advice and consent of the Senate . It could ...
... heads of departments . ( Art . 2 , sec . 2 , cl . 2. ) Under the concluding sentence Congress was not obliged to vest the appointment of any postmasters in the President alone , nor with the advice and consent of the Senate . It could ...
Page 44
... heads of departments , where Congress has often placed it . It is so now in the case of fourth - class postmasters . Besides , the question is set at rest by the Supreme Court in a decision as late as November 7 , 1921 , Eberlein v ...
... heads of departments , where Congress has often placed it . It is so now in the case of fourth - class postmasters . Besides , the question is set at rest by the Supreme Court in a decision as late as November 7 , 1921 , Eberlein v ...
Page 45
... heads of departments , it may limit and restrict the power of removal as it deems best for the public interest . The ... head of a department has no constitutional prerogative of appointment to offices independently of the legislation of ...
... heads of departments , it may limit and restrict the power of removal as it deems best for the public interest . The ... head of a department has no constitutional prerogative of appointment to offices independently of the legislation of ...
Common terms and phrases
42 Stat act of June advice and consent amicus curiæ appellant appointment and removal argument Article Attorney authority BECK bill Chief Justice claimant clause commission Comptroller Cong consent of Senate Constitutional Convention construction Court of Claims creating the office debate decision of 1789 declared dent duty executive department executive power exercise expiration faithfully executed Federal framers GEORGE WHARTON PEPPER Government grant gress heads of departments impeachment inferior officers January 31 judges July 12 lative laws be faithfully legislative power legislature limit Madison malfeasance in office Marbury ment Myers nominate office act opinion Oreg plaintiff post office postmaster at Portland power of appointment power of Congress power of removal prerogative prescribe President to remove President with consent President's power question removal from office respect Restriction on removal salary Secretary session Solicitor statute successor Supreme Court tenure of office Term of office tion United vest the appointment vote
Popular passages
Page 124 - ... whenever the said principal officer shall be removed from office by the President of the United States...
Page 230 - The question actually before the court is investigated with care, and considered in its full extent. Other principles which may serve to illustrate it are considered in their relation to the case decided, but their possible bearing on all other cases is seldom completely investigated.
Page 267 - Secretary, whose commission shall continue in force for four years, unless sooner revoked ; he shall reside therein, and have a freehold estate therein, in five hundred acres of land, while in the exercise of his office...
Page 11 - In testimony, whereof I, Rutherford B. Hayes, President of the United States of America, have caused these Letters to be made Patent, and the Seal of the General Land Office to be hereunto affixed.
Page 253 - Any member of the Board may be removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.
Page 85 - A change of the Chief Magistrate, therefore, would not occasion so violent or so general a revolution in the officers of the government as might be expected, if he were the sole disposer of offices. Where a man in any station had given satisfactory evidence of his fitness for it, a new President would be restrained from attempting a change in favor of a person more agreeable to him, by the apprehension that a discountenance of the Senate might frustrate the attempt, and bring some degree of discredit...
Page 266 - Resolved that a National Executive be instituted ; to be chosen by the National Legislature for the term of years...
Page 255 - The essence of the legislative authority is to enact laws, or, in other words, to prescribe rules for the regulation of the society; while the execution of the laws and the employment of the common strength, either for this purpose or for the common defense, seem to comprise all the functions of the executive magistrate.
Page 212 - Postmasters of the first, second and third classes shall be appointed and may be removed by the President by and with the advice and consent of the Senate and shall hold their offices for four years unless sooner removed or suspended according to law.
Page 269 - That the judicial power of said Territory shall be vested in a supreme court, district courts, probate courts, and in justices of the peace. The supreme court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said Territory annually ; and they shall hold their offices during the period of four years.