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Wiener v. United States: Difference between revisions
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Latest revision as of 03:44, July 14, 2023
Wiener v. United States | |
Court | U.S. Supreme Court |
---|---|
Citation | 357 U.S. 349 (1958) |
Date decided | 1958 |
Facts
The President dismissed the commissioner of the War Claims Commission because he wanted his own men to preside. The commission was created by Congress and was silent as to the removal of officers.
Issues
Whether the President has the authority either granted by the Constitution or implied because of Congressional silence to remove a commissioner of a Congressionally mandated position.
Holding
No.
Reasons
No such power is given the President directly by the Constitution and none is impliedly conferred upon him by the statute simply because Congress said nothing about it.