Wiener v. United States | |
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Argued November 18, 1957 Decided June 30, 1958 | |
Full case name | Wiener v. United States |
Citations | 357 U.S. 349 ( more ) |
Holding | |
The Appointments Clause does not guarantee the President may remove at will an officer of the United States who exercises quasi-judicial authority | |
Court membership | |
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Case opinion | |
Majority | Frankfurter, joined by unanimous |
Laws applied | |
U.S. Const. art. II, § 2, cl. 2 |
Wiener v. United States, 357 U.S. 349 (1958), was a decision of the United States Supreme Court concerning the Appointments Clause.
National Association for the Advancement of Colored People v. Alabama, 357 U.S. 449 (1958), was a landmark decision of the US Supreme Court. Alabama sought to prevent the NAACP from conducting further business in the state. After the circuit court issued a restraining order, the state issued a subpoena for various records, including the NAACP's membership lists. The Supreme Court ruled that Alabama's demand for the lists had violated the right of due process guaranteed by the Fourteenth Amendment to the United States Constitution.
Perry v. Sindermann, 408 U.S. 593 (1972), was a United States Supreme Court decision affecting educational case law involving tenure and due process.
Speiser v. Randall, 357 U.S. 513 (1958), was a U.S. Supreme Court case addressing the State of California's refusal to grant to ACLU lawyer Lawrence Speiser, a veteran of World War II, a tax exemption because that person refused to sign a loyalty oath as required by a California law enacted in 1954. The court reversed a lower court ruling that the loyalty oath provision did not violate the appellants' First Amendment rights.
USS Diodon (SS-349), a Balao-class submarine, was a ship of the United States Navy named for Diodon, a genus of the porcupine fishes.
Schenck v. Pro-Choice Network of Western New York, 519 U.S. 357 (1997), was a case heard before the United States Supreme Court related to legal protection of access to abortion. The question before the court was whether the First Amendment was violated by placing an injunction on protesters outside abortion clinics. The court ruled in a 6–3 decision that "floating buffer zones" preventing protesters approaching people entering or leaving the clinics were unconstitutional, though "fixed buffer zones" around the clinics themselves remained constitutional. The Court's upholding the fixed buffer was the most important aspect of the ruling, because it was a common feature of injunctions nationwide.
Payton v. New York, 445 U.S. 573 (1980), was a United States Supreme Court case concerning warrantless entry into a private home in order to make a felony arrest. The Court struck down a New York statute providing for such warrantless entries because the Fourth Amendment draws a firm line at the entrance to the house. Absent exigent circumstances, that threshold may not be reasonably crossed without a warrant. The court, however, did specify that an arrest warrant would have sufficed for entry into the suspect's residence if there had been reason to believe that the suspect was within the home.
Dean Milk Co. v. City of Madison, Wisconsin, 340 U.S. 349 (1951), was a United States Supreme Court case dealing with the Dormant Commerce Clause, used to prohibit states from limiting interstate commerce.
The Appointments Clause of the United States Constitution empowers the President of the United States to nominate and, with the advice and consent (confirmation) of the United States Senate, appoint public officials. Although the Senate must confirm certain principal officers, Congress may by law invest the appointment of "inferior" officers to the President alone, or to courts of law or heads of departments.
In re Winship, 397 U.S. 358 (1970), was a United States Supreme Court decision that held that "the Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime charged." It established this burden in all cases in all states.
Ker v. California, 374 U.S. 23 (1963), was a case before the United States Supreme Court, which incorporated the Fourth Amendment's protections against illegal search and seizure. The case was decided on June 10, 1963, by a vote of 5–4.
Societe Internationale Pour Participations Industrielles Et Commerciales, S.A. v. Rogers, 357 U.S. 197 (1958), was a case decided by the United States Supreme Court, in which the court considered whether a district court could dismiss a case based on the petitioner's failure to comply with the court's order to produce records of the petitioner's Swiss bank account, an act which would have amounted to a violation of Swiss law.
Goose Lake National Forest was established as the Goose Lake Forest Reserve by the U.S. Forest Service in Oregon on August 21, 1906 with 630,000 acres (2,500 km2). It became a National Forest on March 4, 1907. On July 1, 1908 the entire forest was added to Fremont National Forest and the name was discontinued.
Wilson v. Arkansas, 514 U.S. 927 (1995), is a United States Supreme Court decision in which the Court held that the traditional, common-law-derived "knock and announce" rule for executing search warrants must be incorporated into the "reasonableness" analysis of whether the actual execution of the warrant is/was justified under the 4th Amendment. The high court thus ruled that the old "knock and announce" rule while not a hard requirement, was also not a dead letter.
Aguilar v. Texas, 378 U.S. 108 (1964), was a decision by the United States Supreme Court, which held that "[a]lthough an affidavit supporting a search warrant may be based on hearsay information and need not reflect the direct personal observations of the affiant, the magistrate must be informed of some of the underlying circumstances relied on by the person providing the information and some of the underlying circumstances from which the affiant concluded that the informant, whose identity was not disclosed, was credible or his information reliable." Along with Spinelli v. United States (1969), Aguilar established the Aguilar–Spinelli test, a judicial guideline for evaluating the validity of a search warrant based on information provided by a confidential informant or an anonymous tip. The test developed in this case was subsequently rejected and replaced in Illinois v. Gates, 462 U.S. 213 (1983).
Hanson v. Denckla, 357 U.S. 235 (1958), was a case decided by the Supreme Court of the United States regarding personal jurisdiction in the context of assets held in trust.
United Air Lines Flight 736 was a scheduled transcontinental passenger service flown daily by United Airlines between Los Angeles and New York City. On April 21, 1958, the airliner assigned to the flight, a Douglas DC-7 with 47 on board, was flying over Clark County, Nevada in clear weather when it was involved in a daytime mid-air collision with a United States Air Force fighter jet crewed by two pilots. Both aircraft fell out of control from 21,000 feet (6,400 m) and crashed into unpopulated desert terrain southwest of Las Vegas, leaving no survivors. The loss of Flight 736, one of a series of 1950s mid-air collisions involving passenger aircraft in American skies, helped usher-in widespread improvements in air traffic control within the United States, and led to a sweeping reorganization of federal government aviation authorities.
Kent v. Dulles, 357 U.S. 116 (1958), was a landmark decision of the U.S. Supreme Court on the right to travel and passport restrictions as they relate to First Amendment free speech rights. It was the first case in which the U.S. Supreme Court made a distinction between the constitutionally protected substantive due process freedom of movement and the right to travel abroad.
Flora v. United States, 357 U.S. 63 (1958), affirmed on rehearing, 362 U.S. 145 (1960), was a case in which the Supreme Court of the United States held that a taxpayer generally must pay the full amount of an income tax deficiency assessed by the Commissioner of Internal Revenue before he may challenge its correctness by a suit in a federal district court for refund under 28 U.S.C. § 1346(a)(1). The Supreme Court agreed with the Commissioner of Internal Revenue, stating that the full payment rule requires the entire amount of an asserted deficiency to be paid before a refund suit may be maintained.
Johnson v. United States, 333 U.S. 10 (1948), was a significant United States Supreme Court decision addressing search warrants and the Fourth Amendment. In this case, where federal agents had probable cause to search a hotel room but did not obtain a warrant, the Court declared the search was "unreasonable."