The Decision of 1789 refers to a month-long constitutional debate that occurred during the first session of the United States House of Representatives as to whether Article Two of the United States Constitution granted the president the power to remove officers of the United States at will. It has been called "the first significant legislative construction of the Constitution".[1] The debate centered around "a bill that would create a Department of Foreign Affairs"—the precursor to the Department of State—and which branch of government would have the power to remove officers from that department.[1]
Congress ultimately enacted three departmental acts "that contained nearly identical language", none of which contained language expressly granting the President removal power.[1] Nonetheless, one of those acts included a proviso urged by James Madison that many scholars believe "was meant to imply recognition that the Secretary would be removable by the President at will".[2] Justices of the Supreme Court and legal scholars continue to debate the legal significance of the decision.[1][3]
^ abcdPrakash, Saikrishna (2006). "New Light on the Decision of 1789". Cornell L. Rev. 91: 1021.
^Mashaw, Seila (2020-08-27). "Of Angels, Pins, and For-Cause Removal: A Requiem for the Passive Virtues". The University of Chicago Law Review Online. Archived from the original on 2020-08-28. Retrieved 2021-11-30.
The Decisionof1789 refers to a month-long constitutional debate that occurred during the first session of the United States House of Representatives...
The Estates General of1789 (French: États Généraux de 1789) was a general assembly representing the French estates of the realm: the clergy (First Estate)...
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and their decisions can be appealed to the Supreme Court of the United States. The courts of appeals are divided into 13 "Circuits". Eleven of the circuits...
opinion; otherwise, the senior justice in the majority assigns the writing of a decision. The chief justice also has certain administrative responsibilities...
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following landmark court decisions in the United States contains landmark court decisions which changed the interpretation of existing law in the United...
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