| United States v. Germaine | |
|---|---|
 | |
| Decided October 1, 1878 | |
| Full case name | United States v. Germaine |
| Citations | 99 U.S. 508 ( more ) |
| Holding | |
| While an inferior officer may be appointed a Department Head, only a principal officer may be a Department Head. | |
| Court membership | |
| |
| Case opinion | |
| Majority | Miller, joined by unanimous |
| Laws applied | |
| U.S. Const. art. II, § 2, cl. 2 | |
United States v. Germaine, 99 U.S. 508 (1878), was a decision of the United States Supreme Court concerning the Appointments Clause.
Article II of the United States Constitution requires that officers of the United States, nominated by the President, are confirmed with the advice and consent of the Senate. Anticipating that the procedure might become unwieldy "when offices become numerous, and sudden removals necessary", the Constitution provided a guideline for the appointment of inferior officers, who could be appointed by the President alone, or by heads of departments, or courts of law.
Germaine was appointed by the Commissioner of Pensions. The Court considers the meaning of the word department, and whether the Commissioner of Pensions is the head of a department. The Court concludes the Commissioner is not the head of a department, and that Germaine is not an officer, but an "agent of the commissioner, appointed by him, and removable by him at his pleasure" and ordered that criminal charges brought under a law prohibiting extortion by officers of the United States be dismissed.
