this is the senate’s control over the supreme court

this is the senate's control over the supreme court

this is the senate’s control over the supreme court

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What is the Senates control over the Supreme Court?

They use confirmation power, can set the justices salaries.

 

A divided Court, speaking through Chief Justice Taft,

held the order of removal valid and the statutory provision just quoted void.

The Chief Justice’s relied mainly on the so-called “decision of 1789,”

which referred to Congress’s that year inserting in the act establishing the Department of State

a proviso that was meant to imply recognition that

the Secretary would be removable by the President at will.

this is the senate's control over the supreme court
this is the senate’s control over the supreme court

The proviso was especially urged by Madison,

who invoked in support of it the opening words of Article II and the President’s duty to “take Care that the Laws be faithfully executed.”

Succeeding passages of the Chief Justice’s opinion erected on this basis a highly selective account of doctrine

and practice regarding the removal power down to the Civil War, which was held to yield the following results:

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“Article II grants to the President the executive power of the Government, i. e. ,

the general administrative control of those executing the laws, including the power of appointment and removal of executive officers

—a conclusion confirmed by his obligation to take care that the laws be faithfully executed;

that Article II excludes the exercise of legislative power

by Congress to provide for appointments and removals,

except only as granted therein to Congress in the matter of inferior offices;

that Congress is only given power to provide for appointments and removals of inferior officers after it has vested,

and on condition that it does vest, their appointment in other authority than the President with the Senate’s consent;

that the provisions of the second section of Article II,

this is the senate's control over the supreme court
this is the senate’s control over the supreme court

which blend action by the legislative branch, or by part of it,

in the work of the executive, are limitations to be strictly construed and not to be extended by implication;

that the President’s power of removal is further established as an incident to his specifically enumerated function of appointment by

and with the advice of the Senate,

but that such incident does not by implication extend to removals the Senate’s power of checking appointments;

and finally that to hold otherwise would make it impossible for the President, in case of political or other differences with the Senate or Congress, to take care that the laws be faithfully executed.”

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