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Myers v. United States

Media Items
Case Basics
Docket No.: 
2
Petitioner: 
Myers
Respondent: 
United States
Decided By: 
Taft Court (1925-1930)
Opinion: 
272 U.S. 52 (1926)
Argued: 
Monday, April 13, 1925
Decided: 
Monday, October 25, 1926
Categories: 
removal power, separation of powers, presidency, employment
Location No location information present.

Cite this page
The Oyez Project, Myers v. United States , 272 U.S. 52 (1926)
available at: (http://oyez.org/cases/1901-1939/1924/1924_2)
(last visited Monday, January 25, 2010).
Facts of the Case: 

An 1876 law provided that postmasters of the first, second, and third classes shall be appointed and may be removed by the President with the advice and consent of the Senate. President Woodrow Wilson removed Myers, a postmaster first class, without seeking Senate approval.

Question: 

Did the Act unconstitutionally restrict the President's power to remove appointed officials?

Conclusion: 

Yes. After tracing legislative debate of the First Congress in 1789 which dealt with the interpretation of the President's appointment power, Chief Justice Taft concluded that the power to remove appointed officers is vested in the President alone. According to Taft, to deny the President that power would not allow him to "discharge his own constitutional duty of seeing that the laws be faithfully executed."

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