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Wiener v. United States

United States Supreme Court
357 U.S. 349 (1957)



In the War Claims Act of 1948 (Act), Congress created the War Claims Commission (Commission) to resolve compensation claims for losses incurred by American prisoners of war and internees during World War II. Two of the three members of the Commission were to be appointed by the president of the United States with the Senate’s advice and consent, and those members were to serve for the duration of the Commission’s existence. In 1950, President Harry Truman nominated Myron Wiener (plaintiff) to the Commission. Following confirmation by the Senate, Wiener was appointed to the Commission. When President Dwight Eisenhower took office, Weiner refused to resign. President Eisenhower removed Weiner from the Commission on the ground that staffing the Commission with his own appointees was in the national interest. Weiner filed suit against the federal government (defendant) in the United States Court of Claims, seeking back pay for his salary. The court of claims dismissed the case. The United States Supreme Court granted certiorari to decide whether Congress had intended to limit presidential removal power over members of the Commission.

Rule of Law


Holding and Reasoning (Frankfurter, J.)

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