Myers v. United States

Myers v. United States
Argued December 5, 1923
Reargued April 13–14, 1925
Decided October 25, 1926
Full case nameFrank S. Myers, Administratrix v. United States
Citations272 U.S. 52 (more)
47 S. Ct. 21; 71 L. Ed. 160; 1926 U.S. LEXIS 35
Case history
PriorAppeal from the Court of Claims
Holding
The President has the exclusive authority to remove "administrative officers" and the Take Care Clause generally limits Congress from restricting this power.
Court membership
Chief Justice
William H. Taft
Associate Justices
Oliver W. Holmes Jr. · Willis Van Devanter
James C. McReynolds · Louis Brandeis
George Sutherland · Pierce Butler
Edward T. Sanford · Harlan F. Stone
Case opinions
MajorityTaft, joined by Van Devanter, Sutherland, Butler, Sanford, Stone
DissentHolmes
DissentMcReynolds
DissentBrandeis
Laws applied
U.S. Const. art. II, § 2, cl. 2

Myers v. United States, 272 U.S. 52 (1926), was a United States Supreme Court decision ruling that the President's exclusive power to remove executive branch officials is vested in the Office of the Presidency by Article Two of the United States Constitution, and the Take Care Clause generally limits Congress from restricting this power.

Myers was the first Supreme Court case to invalidate a federal law for violating the separation of powers by allowing Congress to "participate in the exercise of [the removal power]". The Taft Court's broad view of the President's "constitutional duty of seeing that the laws be faithfully executed" was limited in subsequent decisions to "purely executive" offices.

In Seila Law LLC v. Consumer Financial Protection Bureau (2020), the Supreme Court interpreted Humphrey's as recognizing an exception for independent (multimember, non-partisan) agencies, and reaffirming the core holding of Myers that the President generally has an unencumbered removal power.