Myers v. United States

272 U.S. 52, 47 S. Ct. 21 (1926)

 

RULE:

In the absence of a Constitutional or statutory provision otherwise, the President can by virtue of his general power of appointment remove an officer, though appointed by and with the advice and consent of the Senate, and not-withstanding specific provisions for his removal for cause, on the ground that the power of removal inhered in the power to appoint. This is an indication that many statutes are to be reconciled to the unrestricted power of the President to remove, if he chooses to exercise his power.

FACTS:

Apellant, the administratrix of postmaster's estate, sought review of a judgment that rejected a claim for the postmaster's salary where he was removed from office before the expiration of his term by an order of the President, without the Senate's approval, in contravention of § 6 of the Act of Congress, 19 Stat. 80 (1876). The Supreme Court affirmed the judgment denying appeallant's request.

ISSUE:

Does the President have the power to remove an officer from office without Senate consent?

ANSWER:

Yes.

CONCLUSION:

In the absence of a constitutional or statutory provision otherwise, the President could by virtue of his general power of appointment remove an officer on the ground that the power of removal inhered in the power to appoint, even though he was appointed by and with the advice and consent of the Senate, and notwithstanding specific provisions for his removal for cause. The power of removal is inherent in the power to appoint.

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