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© 2018 Thomson Reuters. No Claim to Original U.S. Government Works. 1 Myers V Myers v. U.S., 272 U.S. 52 (1926) 47 S.Ct. 21, 71 L.Ed. 160 Public Employment Authority to impose adverse action; KeyCite Red Flag - Severe Negative Treatment manner and mode of imposition Overruling Recognized by Free Enterprise Fund v. Public Co. Accounting Oversight Bd., U.S.Dist.Col., June 28, 2010 Act Cong. July 12, 1876, § 6, 39 U.S.C.A. § 47 S.Ct. 21 31, requiring consent of Senate to removal by Supreme Court of the United States President of postmasters of the first, second, and third classes, held invalid; the President, MYERS under U.S.C.A. Const. art. 2, having sole v. power of removal. UNITED STATES. 13 Cases that cite this headnote No. 2. | [3] Constitutional Law Reargued April 13, 14, 1925. Separation of Powers | Reasonable construction of the Constitution Decided Oct. 25, 1926. demands that the branches of government Synopsis should be kept separate in all cases in which Mr. Justice McReynolds, Mr. Justice Brandeis, and Mr. they were not expressly blended, and the Justice Holmes, dissenting. Constitution should be expounded to blend them no more than it affirmatively requires. Appeal from Court of Claims. 14 Cases that cite this headnote Suit by Lois P. Myers, administratrix of the estate of Frank S. Myers, against the United States. Judgment for [4] United States defendant (58 Ct. Cl. 199), and plaintiff appeals. Affirmed. Executive Authority, Powers, and Functions Vesting of executive power in President was essentially a grant of power to execute the West Headnotes (16) laws, including execution by the assistance of subordinates. [1] Postal Service Postmasters 17 Cases that cite this headnote Public Employment Time for proceedings; limitations [5] Public Employment First-class postmaster, removed from office in Authority to impose adverse action; February, 1920, by President without consent manner and mode of imposition of Senate, held, under circumstances, not United States guilty of laches for failure to bring suit for In general; power to remove salary until April, 1921. Association of removal with appointment of executive officers is not incompatible with 5 Cases that cite this headnote republican form of government. [2] Constitutional Law Cases that cite this headnote Appointment, tenure and removal of public employees and officials [6] Constitutional Law Postal Service Appointment, tenure and removal of Postmasters public employees and officials © 2018 Thomson Reuters. No claim to original U.S. Government Works. 1 Myers v. U.S., 272 U.S. 52 (1926) 47 S.Ct. 21, 71 L.Ed. 160 Requirement of U.S.C.A. Const. art. 2, § 2, Express provisions in Act Cong. May 15, that Senate should consent to presidential 1820, 3 Stat. 582, for removal of officers appointments, being a limitation on the appointed under the act, held not to indicate general grant of executive power in section 1, that President possessed no power of removal should be strictly construed, and not enlarged independently thereof, but, on the contrary, beyond words used. to show adoption in conformity to legislative decision of 1789, construing U.S.C.A. Const. 18 Cases that cite this headnote art. 2, as authorizing removal by President. 13 Cases that cite this headnote [7] Public Employment Authority to impose adverse action; manner and mode of imposition [11] Constitutional Law Power of removal of executive officers is Legislative construction incident to the power of appointment. Congress having after full consideration and with acquiescence, and long practice 18 Cases that cite this headnote of all branches of government, established construction of Constitution, it cannot [8] Public Employment subsequently by mere legislation reverse such Authority to impose adverse action; construction. manner and mode of imposition 4 Cases that cite this headnote United States In general; power to remove [12] Constitutional Law Restrictions on President's power of removal Appointment, tenure and removal of from office is not to be implied from U.S.C.A. public employees and officials Const. art. 2, requiring consent of Senate to appointment. Congress, under U.S.C.A. Const. art. 2, has no authority to legislate as to method of 11 Cases that cite this headnote removal of inferior officers without changing their method of appointment by the President with consent of the Senate. [9] Public Employment Authority to impose adverse action; 37 Cases that cite this headnote manner and mode of imposition United States [13] Constitutional Law In general; power to remove Appointment, tenure and removal of U.S.C.A. Const. art. 1, § 8, does not vest public employees and officials in Congress power to make provision for U.S.C.A. Const. art. 2, grants to the President removal of executive officers appointed by the the executive power of government, and President with consent of Senate, under article excludes the exercise of legislative power by 2. Congress to provide for appointments and 28 Cases that cite this headnote removals, except only as granted therein to Congress in the matter of inferior offices. [10] Public Employment 60 Cases that cite this headnote Authority to impose adverse action; manner and mode of imposition [14] Constitutional Law United States Legislative construction In general; power to remove © 2018 Thomson Reuters. No claim to original U.S. Government Works. 2 Myers v. U.S., 272 U.S. 52 (1926) 47 S.Ct. 21, 71 L.Ed. 160 Contemporaneous legislative exposition of Constitution by framers thereof long Mr. James M. Beck, Sol. Gen., of New York City, and acquiesced in, fixes construction to be given its Rebert P. Reeder, Sp. Asst. Atty. Gen., for the United provisions. States. 20 Cases that cite this headnote Opinion **22 *106 Mr. Chief Justice TAFT delivered the [15] Constitutional Law opinion of the Court. Construction by Governmental Entities This case presents the question whether under the Constitutional Law Constitution the President has the exclusive power of Relation to statutory law removing executive officers of the United States whom he Weight of congressional legislation in has appointed by and with the advice and consent of the determining construction of Constitution Senate. depends on nature of question, attitude of executive and judicial branches, as well as Myers, appellant's intestate, was on July 21, 1917, on number of instances in execution of law appointed by the President, by and with the advice and affording opportunity for objection. consent of the Senate, to be a postmaster of the first class at Portland, Or., for a term of four years. On January 20, 8 Cases that cite this headnote 1920, Myers' resignation was demanded. He refused the demand. On February 2, 1920, he was removed from office [16] Constitutional Law by order of the Postmaster General, acting by direction Appointment, tenure and removal of of the President. February 10th, Myers sent a petition public employees and officials to the President and another to the Senate committee on post offices, asking to be heard, if any charges were filed. Public Employment He protested to the department against his removal, and Authority to impose adverse action; continued to do so until the end of his term. He pursued manner and mode of imposition no other occupation and drew compensation for no other United States service during the interval. On April 21, 1921, he brought Term and duration; vacancies this suit in the Court of Claims for his salary from the date Tenure of Office Act of 1867, 14 Stat. of his removal, which, as claimed by supplemental petition 430, in so far as it attempted to prevent filed after July 21, 1921, the end of his term, amounted to President from removing executive officers, $8,838.71. In August, 1920, the President made a recess and subsequent legislation of the same effect, appointment of one Jones, who took office September 19, held invalid, under U.S.C.A. Const. art. 2. 1920. *107 [1] The Court of Claims gave judgment against 18 Cases that cite this headnote Myers and this is an appeal from that judgment. The court held that he had lost his right of action because of his delay in suing, citing Arant v. Lane, 249 U. S. 367, 39 S. Ct. 293, 63 L. Ed. 650; Nicholas v. United States, 257 U. S. Attorneys and Law Firms 71, 42 S. Ct. 7, 66 L. Ed. 133, and Norris v. United States, 257 U. S. 77, 42 S. Ct. 9, 66 L. Ed. 136. These cases show **21 *60 Messrs. Will R. King, of Portland, Or., and that when a United States officer is dismissed, whether in L. H. Cake, of Washington, D. C. (Martin L. Pipes, of disregard of the law or from mistake as to the facts of Portland, Or., of counsel), for appellant. his case, he must promptly take effective action to assert Mr. George Wharton Pepper, of Philadelphia, Pa., amicus his rights. But we do not find that Myers failed in this curiae. regard. He was constant in his efforts at reinstatement. A hearing before the Senate committee could not be had till the notice of his removal was sent to the Senate or his successor was nominated. From the time of his removal © 2018 Thomson Reuters. No claim to original U.S. Government Works. 3 Myers v. U.S., 272 U.S. 52 (1926) 47 S.Ct. 21, 71 L.Ed. 160 until the end of his term, there were three sessions of the ‘Section 2. The President shall be Commander in Chief Senate without such notice or nomination. He put off of the Army and Navy of the United States, and of the bringing his suit until the expiration of the Sixty-Sixth Militia of the several States, when called into the actual Congress, March 4, 1921.
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