Blake v. United States

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Blake v. United States
Supreme Court of the United States
Decided January 1, 1880
Full case name	Blake v. United States
Citations	103 U.S. 227 (more)
Holding
The President has the power to remove an officer of the United States by the appointment of a successor.
Court membership
Chief Justice Morrison Waite Associate Justices Nathan Clifford · Noah H. Swayne Samuel F. Miller · Stephen J. Field William Strong · Joseph P. Bradley Ward Hunt · John M. Harlan
Case opinion
Majority	Harlan, joined by unanimous
Laws applied
U.S. Const. art. II, § 2, cl. 2

Blake v. United States, 103 U.S. 227 (1880), was a decision of the United States Supreme Court concerning the removal power under the Appointments Clause.

References

Text of Blake v. United States, 103 U.S. 227 (1880) is available from: Cornell Justia

Wikisource has original text related to this article:

Blake v. United States

United States Appointments Clause case law

Appointment of Officers

Officers vs. Employees	United States v. Hartwell (1867) United States v. Mouat (1888) United States v. Smith (1888) Auffmordt v. Hedden (1890) Burnap v. United States (1920)
Inferior Officers	United States v. Germaine (1878) Ex parte Siebold (1879) Freytag v. Commissioner (1991) Edmond v. United States (1997) Lucia v. SEC (2018) United States v. Arthrex, Inc. (2021)
Recess Appointments	NLRB v. Noel Canning (2014)
Challenges to Appointments	Ryder v. United States (1995) Carr v. Saul (2021)
Appointments by Congress	Shoemaker v. United States (1893) Springer v. Government of the Philippine Islands (1928) Buckley v. Valeo (1976) MWAA v. CAAN (1991) Weiss v. United States (1994)

Removal of Officers

Limits on Removal Power	United States v. Perkins (1886) Parsons v. United States (1897) Myers v. United States (1926) Humphrey's Executor v. United States (1936) Wiener v. United States (1958) Morrison v. Olson (1988) Free Enterprise Fund v. PCAOB (2010) Selia Law v. CFPB (2020) Collins v. Yellen (2021)
Removal by Congress	Bowsher v. Synar (1986)

Jurisdiction stripping
Thunder Basin Coal Co. v. Reich (1994) Free Enterprise Fund v. PCAOB (2010) Elgin v. Department of Treasury (2012) Axon Enterprise, Inc. v. Federal Trade Commission (2023)

Ratification
FEC v. NRA Political Victory Fund (1994)

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