Myers V. United States
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Myers V. United States
''Myers v. United States'', 272 U.S. 52 (1926), was a United States Supreme Court decision ruling that the President's exclusive power to remove executive branch officials is vested in the Office of the Presidency by Article Two of the United States Constitution, and the Take Care Clause generally limits Congress from restricting this power. ''Myers'' was the first Supreme Court case to invalidate a federal law for violating the separation of powers by allowing Congress to "participate in the exercise of he removal power. The Taft Court's broad view of the President's "constitutional duty of seeing that the laws be faithfully executed" was limited in subsequent decisions to "purely executive" offices. In '' Seila Law LLC v. Consumer Financial Protection Bureau'' (2020), the Supreme Court interpreted ''Humphrey's'' as recognizing an exception for independent (multimember, non-partisan) agencies, and reaffirming the core holding of ''Myers'' that the President generally has an ...
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Take Care Clause
Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. Article Two vests the power of the executive branch in the office of the President of the United States, lays out the procedures for electing and removing the President, and establishes the President's powers and responsibilities. Section 1 of Article Two establishes the positions of the President and the Vice President, and sets the term of both offices at four years. Section 1's Vesting Clause declares that the executive power of the federal government is vested in the President and, along with the Vesting Clauses of Article One and Article Three, establishes the separation of powers among the three branches of government. Section 1 also establishes the Electoral College, the body charged with electing the President and the Vice President. Section 1 provides that each state chooses members of the Electoral College in a manner ...
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James M
James may refer to: People * James (given name) * James (surname) * James (musician), aka Faruq Mahfuz Anam James, (born 1964), Bollywood musician * James, brother of Jesus * King James (other), various kings named James * Prince James (other) * Saint James (other) Places Canada * James Bay, a large body of water * James, Ontario United Kingdom * James College, a college of the University of York United States * James, Georgia, an unincorporated community * James, Iowa, an unincorporated community * James City, North Carolina * James City County, Virginia ** James City (Virginia Company) ** James City Shire * James City, Pennsylvania * St. James City, Florida Film and television * ''James'' (2005 film), a Bollywood film * ''James'' (2008 film), an Irish short film * ''James'' (2022 film), an Indian Kannada-language film * "James", a television episode of ''Adventure Time'' Music * James (band), a band from Manchester ** ''James'', ...
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The Decision Of 1789
The Decision of 1789 refers to a month-long constitutional debate that occurred during the first session of the United States House of Representatives as to whether Article Two of the United States Constitution granted the president the power to remove officers of the United States at will. It has been called "the first significant legislative construction of the Constitution". The debate occurred after the proposed creation of three executive departments, the Department of the Treasury, Department of War, and Department of Foreign Affairs. Most of the debate focused on the proposal to create a Department of Foreign Affairs—the precursor to the Department of State—and which branch of government would have the power to remove officers from that department. Congress ultimately enacted three departmental acts that contained similar language, none of which contained language expressly granting the President removal power, but instead discussed the custody of departmental papers a ...
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Montesquieu
Charles Louis de Secondat, baron de La Brède et de Montesquieu (18 January 168910 February 1755), generally referred to as simply Montesquieu, was a French judge, man of letters, historian, and political philosopher. He is the principal source of the theory of separation of powers, which is implemented in many constitutions throughout the world. He is also known for doing more than any other author to secure the place of the word ''despotism'' in the political lexicon.. His anonymously published '' The Spirit of Law'' (1748), which was received well in both Great Britain and the American colonies, influenced the Founding Fathers of the United States in drafting the U.S. Constitution. Biography Montesquieu was born at the Château de la Brède in southwest France, south of Bordeaux. His father, Jacques de Secondat (1654–1713), was a soldier with a long noble ancestry, including descent from Richard de la Pole, Yorkist claimant to the English crown. His mother, Mari ...
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Vesting Clauses
In United States constitutional law, the Vesting Clauses are three provisions in the United States Constitution which vest legislative power in Congress, executive power in the President, and judicial power in the federal courts. President Andrew Jackson interpreted these clauses as expressly creating a separation of powers among the three branches of the federal government A federation (also called a federal state) is an entity characterized by a political union, union of partially federated state, self-governing provinces, states, or other regions under a #Federal governments, federal government (federalism) .... In contrast, Victoria F. Nourse has argued that the Vesting Clauses do not create the separation of powers, and it actually arises from the representation and appointment clauses elsewhere in the Constitution. Texts See also * * * References External linksList of popular names of sections and clauses of the US Constitution {{DEFAULTSORT:Vestin ...
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Harlan F
Harlan is a given name and a surname which may refer to: Surname * Abram D. Harlan (1833–1908), American politician from Pennsylvania * Bob Harlan (born 1936 Robert E. Harlan), American football executive * Bruce Harlan (1926–1959), American Olympic diver * Byron B. Harlan (1886–1949), American politician * Byron G. Harlan (1861–1936), American singer * Jack Rodney Harlan (1917–1998), American botanist * James Harlan (Iowa politician), (1820–1899), American politician and lawyer * James Harlan (Kentucky politician) (1800–1863), American politician and lawyer * Jan Harlan (born 1937), German-American film director and producer * John Harlan (announcer) (1925–2017), American television announcer * John Marshall Harlan (1833–1911), United States Union Army officer and Supreme Court Associate Justice * John Marshall Harlan II (1899–1971), American lawyer and jurist, Associate Justice of the United States Supreme Court * Josiah Harlan (1799–1871), Americ ...
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Farrand
Farrand may refer to: * William R. Farrand (1853–1930), American manufacturer of pianos and organs * Livingston Farrand (1867–1939), American physician and anthropologist * Royal T. Farrand (1867–1927), American football player and medical doctor * Max Farrand (1869–1945), American historian * Beatrix Farrand Beatrix Cadwalader Farrand (née Jones; June 19, 1872 – February 28, 1959) was an American landscape gardener and landscape architect. Her career included commissions to design about 110 gardens for private residences, estates and country hom ... (1872–1959), American landscape gardener and architect * John Farrand (born 1945), British-American business executive * Phil Farrand (born 1958), American computer programmer See also * Farrands {{surname ...
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Federalist No
The term ''federalist'' describes several political beliefs around the world. It may also refer to the concept of parties, whose members or supporters call themselves ''Federalists''. History Europe federation In Europe, proponents of Federalisation of the European Union, deeper European integration are sometimes called Federalists. A major European NGO and advocacy group campaigning for such a political union is the Union of European Federalists. Movements towards a peacefully unified European state have existed since the 1920s, notably the Paneuropean Union. A pan-European party with representation in the European Parliament fighting for the same cause is Volt Europa. In the European Parliament the Spinelli Group brings together Member of the European Parliament, MEPs from different political groups to work together of ideas and projects of European federalism; taking their name from Italian politician and MEP Altiero Spinelli, who himself was a major proponent of European ...
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Articles Of Confederation
The Articles of Confederation, officially the Articles of Confederation and Perpetual Union, was an agreement and early body of law in the Thirteen Colonies, which served as the nation's first Constitution, frame of government during the American Revolution. It was debated by the Second Continental Congress at present-day Independence Hall in Philadelphia between July 1776 and November 1777, was finalized by the Congress on November 15, 1777, and Coming into force, came into force on March 1, 1781, after being ratification, ratified by all 13 colonial states. A central and guiding principle of the Articles was the establishment and preservation of the independence and sovereignty of the original 13 states. The Articles consciously established a weak Confederation, confederal government, affording it only those powers the former colonies recognized as belonging to the The Crown, British Crown and Parliament of Great Britain, Parliament during the Colonial history of the U ...
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Continental Congress
The Continental Congress was a series of legislature, legislative bodies, with some executive function, for the Thirteen Colonies of British America, Great Britain in North America, and the newly declared United States before, during, and after the American Revolutionary War. The Continental Congress refers to both the First Continental Congress, First and Second Continental Congress, Second Congresses of 1774–1781 and at the time, also described the Congress of the Confederation of 1781–1789. The Confederation Congress operated as the first federal government until being replaced following ratification of the Constitution of the United States, U.S. Constitution. Until 1785, the Congress met predominantly at what is today Independence Hall in Philadelphia, though it was relocated temporarily on several occasions during the Revolutionary War and the Philadelphia campaign, fall of Philadelphia. The First Continental Congress convened in Philadelphia in 1774 in response to esc ...
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Virginia Plan
The Virginia Plan (also known as the Randolph Plan or the Large-State Plan) was a proposed plan of government for the United States presented at the Constitutional Convention (United States), Constitutional Convention of 1787. The plan called for the creation of a supreme national government with Separation of powers, three branches and a Bicameralism, bicameral legislature. The plan was drafted by James Madison and Edmund Randolph. The Virginia Plan was notable for its role in setting the overall Political agenda, agenda for debate in the Convention and, in particular, for setting forth the idea of apportionment (politics), population-weighted representation in the proposed national legislature. The Virginia Plan favored the interests of U.S. state, states with large populations, and the New Jersey Plan was proposed in response to protect small state interests. Drafting and proposal From May 25 to September 17, 1787, the Constitutional Convention (United States), Constitutional ...
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Constitution Of The United States
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the Federal government of the United States, federal government. The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the Unit ...
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