Shurtleff v. United States

1903 United States Supreme Court case
Shurtleff v. United States
Argued January 20, 1903
Decided April 6, 1903
Full case nameFerdinand N. Shurtleff v. United States
Citations189 U.S. 311 (more)
Holding
The President can, by virtue of his powers under the Appointments Clause, remove an officer of the United States. Absent an express law to the contrary, Congress will not be presumed to have taken away this power.
Court membership
Chief Justice
Melville Fuller
Associate Justices
John M. Harlan · David J. Brewer
Henry B. Brown · Edward D. White
Rufus W. Peckham · Joseph McKenna
Oliver W. Holmes Jr. · William R. Day
Case opinion
MajorityPeckham, joined by unanimous
Laws applied
U.S. Const. art. II, § 2, cl. 2

Shurtleff v. United States, 189 U.S. 311 (1903), was a decision of the United States Supreme Court concerning the President's removal power under the Appointments Clause.

References

External links

  • Text of Shurtleff v. United States, 189 U.S. 311 (1903) is available from: Cornell  Justia 
Wikisource has original text related to this article:
Shurtleff v. United States
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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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