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Supreme Court of the United States - 272 U.S. 52
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The President has the constitutional power to remove executive officers without the Senate's consent, as it is inherent in the power of appointment and necessary for effective administrative control. The Senate's power to check the President's power of appointment does not extend to limiting removals. The President has broad executive power, including the power to appoint officials and direct their actions to protect the national public interest. The executive power of the United States is completely vested in the President, subject only to exceptions and qualifications expressed in the Constitution. The Supreme Court has the power and duty to decide on the validity of acts of Congress that violate the Constitution, as established in Marbury v. Madison.
This case examines whether Congress has the power to restrict the removal of postmasters appointed by the President with Senate consent. While the President has executive authority, Congress has historically asserted its right to prescribe conditions concerning the removal of inferior officers. The Acts of 1836, 1863, 1872, 1874, and 1876 established the appointment and removal procedures for postmasters in the United States, and Congress has the authority to provide for postmasters and determine their compensation, terms, and duties. The President may remove at pleasure when the statute creates an office without a specified term and authorizes appointment without mentioning removal. However, the current theory that the President may override the declared will of Congress conflicts with the history of the Constitution, ordinary rules of interpretation, and construction approved by Congress and the Supreme Court. The lower court erred in its interpretation of the bill.
This legal case questions whether the President can remove a government officer without Senate consent while the Senate is in session. The President's power of removal from inferior civil offices is derived from Congress, which has the power to create offices and determine their tenure. Congress has continuously exercised some degree of control over removal from inferior civil offices through legislation. The case also seeks to challenge Marbury v. Madison's authority. The Constitution does not allow Congress to limit the President's power of nomination, but laws have been enacted that restrict the President's power to make nominations. Congress has continuously exercised this power since the founding of the Government, and every President has approved and observed these restrictions.
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