Shurtleff v. United States - Misplaced Pages

1903 United States Supreme Court case

Shurtleff v. United States
Supreme Court of the United States
Argued January 20, 1903 Decided April 6, 1903
Full case name	Ferdinand N. Shurtleff v. United States
Citations	189 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
Majority	Peckham, 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

Text of Shurtleff v. United States, 189 U.S. 311 (1903) is available from: Cornell Justia

Appointment of Officers

Officers vs. Employees	United States v. Hartwell (1867) United States v. Mouat (1888) United States v. Smith (1888) Auffmordt v. Hedden (1890) Burnap v. United States (1920)
Inferior Officers	United States v. Germaine (1878) Ex parte Siebold (1879) Freytag v. Commissioner (1991) Edmond v. United States (1997) Lucia v. SEC (2018) United States v. Arthrex, Inc. (2021)
Recess Appointments	NLRB v. Noel Canning (2014)
Challenges to Appointments	Ryder v. United States (1995) Carr v. Saul (2021)
Appointments by Congress	Shoemaker v. United States (1893) Springer v. Government of the Philippine Islands (1928) Buckley v. Valeo (1976) MWAA v. CAAN (1991) Weiss v. United States (1994)

Removal of Officers

Limits on Removal Power	United States v. Perkins (1886) Parsons v. United States (1897) Myers v. United States (1926) Humphrey's Executor v. United States (1936) Wiener v. United States (1958) Morrison v. Olson (1988) Free Enterprise Fund v. PCAOB (2010) Selia Law v. CFPB (2020) Collins v. Yellen (2021)
Removal by Congress	Bowsher v. Synar (1986)

Jurisdiction stripping
Thunder Basin Coal Co. v. Reich (1994) Free Enterprise Fund v. PCAOB (2010) Elgin v. Department of Treasury (2012) Axon Enterprise, Inc. v. Federal Trade Commission (2023)

Ratification
FEC v. NRA Political Victory Fund (1994)

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