Meyers v. United States

272 U.S. 52 (1926)


Myers (P) was appointed postmaster for a four-year term in Portland, Oregon under a statute that provided that postmasters shall be appointed and may be removed by the President and with the advice and consent of the Senate. President Wilson removed P from office before the expiration of his term and without the consent of the Senate. P sued for back pay. The government opposed the suit as it claimed the removal was lawful; it was unconstitutional to limit the president's power to remove an executive branch official by requiring the Senate's agreement.