Myers v. United States, 272 U.S. 52 (1926) (No. 2)

Case name: Myers v. United States Opinion filed: 1926-10-25 Docket No.: 2 Citations: • 272 U.S. 52 • 47 S. Ct. 21 • 71 L. Ed. 160 • 1926 U.S. LEXIS 35 Case holding summaries: • finding a statute unconstitutional because it en- croached upon the President’s removal power • “[W]hen the grant of the executive power is enforced by the express mandate to take care that the laws be faithfully executed, it emphasizes the necessity for including within the executive power as conferred the exclusive power of removal.” • "[t]he power to remove ... is an incident of the power to appoint." • subsequently overruled on other grounds • noting that “the power of removal of executive officers . . . was presented early in the first session of the First Congress,” known as the “decision of 1789,” and also surveying English and colonial history and subsequent Congressional and Executive practice • based on Article II, President Wilson refused to comply with statutory limit on the President’s removal power • “Article II grants to the President the executive power of the Government, i.e., the general administrative control o f those executing the laws ....” • Congress cannot limit President's power to remove Executive Branch official • "The ordinary duties of officers prescribed by statute come under the general administrative control of the President by virtue of the general grant to him of the executive power, and he may properly supervise and guide their construction of the statutes under which they act." • “The power of removal is incident to the power of appointment, not to the power of advising and consenting to appointment[.]” • concluding that the removal power is “essential to the execution of the laws” • discussing the Decision of 1789 at length • “ ‘by and with the advice and consent of the Senate’ ” • where the court quotes with approval Oliver Ellsworth's remark that "The advice of the Senate does not make the appointment. The President appoints." • “ ‘by and with the advice