Adminstrative Law Brief 1

Adminstrative Law Brief 1 - remove an appointed Reasoning:...

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Tyler Farrar Administrative Law Brief # 1: Wiener v. U.S. 1/22/09 Case: Wiener v. United States , 357 U.S. 349 (1958) Facts: The War Claims Act of 1948 created the War Claims Commission to compensate claims for internees, prisoners of war, and religious organizations. President Harry S. Truman nominated the petitioner, Wiener, for the War Claims Commission and Wiener was confirmed on June 2, 1950. In 1953, President Eisenhower requested Wieners resignation and the commission was abolished in 1954. The petitioner, Wiener, then claimed to recover his salary from the time of his removal until the last day of the War Claims Commission’s existence. Issue: Does the president have the power to remove appointed officials from independent agencies without adequate cause? Holding: By 9-0 unanimous opinion, the Court held that the president does not have the authority to
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Unformatted text preview: remove an appointed Reasoning: Justice Frankfurter 1. The Court has found in Humphreys Executor v. United States , that the president does not have the power to remove agency officials from their positions without Congressional consent. 2. The Court has explicitly disapproved the expressions in Myers V United States , that the president has inherent constitutional powers to remove members of quasi-judicial bodies. 3. The Court does not have a removal for cause involving the rectitude of a member of an adjudicatory body until the Senate could act upon in by confirming the appointment of a new Commissioner or otherwise dealing with the matter. Concurring Opinions: None Dissenting Opinions: None...
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