Morrison v. Olson

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Morrison v. Olson
Court U.S. Supreme Court
Citation 487 U.S. 654 (1988)
Date decided 1988

Facts

A government act provided for the appointment of an independent counsel to investigate alleged wrong-doing by the President.

Issues

Whether this constitutionally provided act is in violation of the separation of powers doctrine.

Do restrictions on the removal of "inferior officers" in Agencies dilute the Executive branch's powers under the Appointments Clause?

Holding

The removal provisions of the Act puts the power squarely in the hands of the Executive Branch via the Attorney General.

Rule

When the functions required of the President are not impeded so that he may still perform his constitutional duty, and he still has the power to control or supervise the independent counsel’s actions, the separation of powers doctrine is respected.