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 9
... tion of removal from said office been submitted to the Senate for consideration or for action thereon , nor has claimant's attempted re- moval been considered or any action taken by that honorable body in reference thereto ; that ...
... tion of removal from said office been submitted to the Senate for consideration or for action thereon , nor has claimant's attempted re- moval been considered or any action taken by that honorable body in reference thereto ; that ...
Page 20
... tion of the four - year term specified for in his second commission , offering at all times to function as postmaster if permitted to do so . During the entire four - year period of his second commission the plaintiff had no other ...
... tion of the four - year term specified for in his second commission , offering at all times to function as postmaster if permitted to do so . During the entire four - year period of his second commission the plaintiff had no other ...
Page 23
... tion was alluded to in after years they recognized that the decision of Con- gress in 1789 , and the universal practice of the Government under it , had settled the question beyond any power of alteration . In the same case ( p . 331 ) ...
... tion was alluded to in after years they recognized that the decision of Con- gress in 1789 , and the universal practice of the Government under it , had settled the question beyond any power of alteration . In the same case ( p . 331 ) ...
Page 24
... tion , and there being " doubt and discussion " as to the validity of these acts , the doubt should be resolved by this court in favor of the power of Congress ; and this court will not declare a statute un- constitutional , especially ...
... tion , and there being " doubt and discussion " as to the validity of these acts , the doubt should be resolved by this court in favor of the power of Congress ; and this court will not declare a statute un- constitutional , especially ...
Page 34
... tion , and may not , for an unreasonable length of time , acquiesce in the order of removal which it was within the power of the Secretary to make , and then recover for the salary attached to the position . In cases of unreasonable ...
... tion , and may not , for an unreasonable length of time , acquiesce in the order of removal which it was within the power of the Secretary to make , and then recover for the salary attached to the position . In cases of unreasonable ...
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.