Wiener v. United States

Date: June 30, 1958

Citation: 357 U.S. 349

Issue: Presidential powers

Significance: Upheld a broad presidential power over removal of executive officials but limited removal of quasi-judicial officials

In Myers v. United States (1926), the Supreme Court upheld a virtually unchecked presidential power to remove officials, but this power had been limited by Humphrey’s Executor v. United States (1935), in which the Court permitted Congress to set some limits for quasi-judicial or quasi-legislative officials. Harry S Truman had appointed Wiener to the War Claims Commission. The length of his appointment had no limits, but President Dwight D. Eisenhower asked him to step down in 1953. After being removed by Eisenhower, Wiener filed suit, asking for back pay. The court of claims dismissed his suit. The Supreme Court followed Humphrey’s Executor and upheld a broad presidential authority to remove executive branch officials but limited the removal of quasi-judicial officials. Because Wiener’s post was quasi-judicial, the Court found in his favor and granted back pay.

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