Mimmack v. United States

1878 United States Supreme Court case
Mimmack v. United States
Decided October 1, 1878
Full case nameMimmack v. United States
Citations97 U.S. 426 (more)
Holding
An office become vacant upon the President accepting the officer's resignation. The subsequent revocation of such acceptance does not restore the officer to his office if the initial appointment required the advice and consent of the Senate.
Court membership
Chief Justice
Morrison Waite
Associate Justices
Nathan Clifford · Noah H. Swayne
Samuel F. Miller · Stephen J. Field
William Strong · Joseph P. Bradley
Ward Hunt · John M. Harlan
Case opinion
MajorityClifford, joined by unanimous
Laws applied
U.S. Const. art. II, § 2, cl. 2

Mimmack v. United States, 97 U.S. 426 (1878), was a decision of the United States Supreme Court concerning the Appointments Clause.

References

External links

  • Text of Mimmack v. United States, 97 U.S. 426 (1878) is available from: Cornell  Justia 
Wikisource has original text related to this article:
Mimmack v. United States
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United States Appointments Clause case law
Appointment of Officers
Officers vs. Employees
Inferior Officers
Recess Appointments
Challenges to Appointments
Removal of Officers
Jurisdiction stripping
Ratification
  • FEC v. NRA Political Victory Fund (1994)


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