Wiener v. United States

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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.