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Weiss Vs. United States
Cites for this judgment
- US Supreme Court
- Jan 19, 1994
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Weiss v. UnitedSearch
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States - 510 U.S. 163 (1994) October Term, 1993 Syllabus Weiss V. UnitedSearch
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Together with Hernandez v. UnitedSearch
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the same court (see this Court's Rule 12.2). 164 Syllabus force require a second appointment. Buckley v. ValeoSearch
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Brief any citation in this list with AI Studio
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and subsequent decisions simply do not speak to this question. The present case is also distinguishable from Shoemaker v. UnitedSearch
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The lack of a fixed term of office for military judges does not violate the Due Process Clause. Neither Mathews v. EldridgeSearch
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U. S. 319 , nor Medina v. CaliforniaSearch
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fixed term of office violated the Due Process Clause. Relying on its recent decision in United States v. GrafSearch
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of the United States. See Freytag v. CommissionerSearch
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such an appointment by its own force. They urge upon us in support of this contention our decisions in Buckley v. ValeoSearch
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U. S. 1 (1976), Freytag v. CommissionerSearch
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U. S. 868 (1991), and Morrison v. OlsonSearch
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attention to, and the parties before us have extensively briefed, the significance of our opinion in Shoemaker v. UnitedSearch
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does not require life tenure for Article I judges, including military judges. See United States ex rel. Toth v. QuarlesSearch
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Nor does the trial by an Article I judge lacking life tenure violate an accused's due process rights. See Palmore v. UnitedSearch
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affairs, and that Clause provides some measure of protection to defendants in military proceedings. See Rostker v. Gold-Search
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Ibid. Petitioners urge that we apply the due process analysis established in Mathews v. EldridgeSearch
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U. S. 319 , 334-335 (1976). The Government contends that Medina v. CaliforniaSearch
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Solorio v. UnitedSearch
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demonstrated its vigilance in checking any attempts to exert improper influence over military judges. In United States v. MabeSearch
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as we have called them, see Morrison v. OlsonSearch
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Department of Defense, Military Manpower Statistics 18 (Mar. 31, 1993) (Table 9)) is a principal officer. See Morrison v. OlsonSearch
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and though Congress has broad power to create federal offices and assign duties to them, see Myers v. UnitedSearch
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Springer v. PhilippineSearch
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Myers v. UnitedSearch
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can be defeated. First, no branch may aggrandize its own appointment power at the expense of another. See Buckley v. ValeoSearch
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cases generally) have typically addressed allegations of aggrandizement rather than abdication. See, e. g., Buckley v. ValeoSearch
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Shoemaker v. UnitedSearch
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Buckley, supra, at 123 (citing Youngstown Sheet & Tube Co. v. SawyerSearch
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U. S. 579 (1952)). 3 In Freytag v. CommissionerSearch
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has violated the bar on abdication. 4 The theme of abdication has not been entirely absent, however. In Morrison v. OlsonSearch
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by both Congress and the President of their Appointments Clause duties. 5 Cf. J. W Hampton, Jr., & Co. v. UnitedSearch
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A. L. A. Schechter Poultry Corp. v. UnitedSearch
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to avoid annulling them as excessive abdications of constitutional responsibility, see Industrial Union Dept., AFL-CIO v. AmericanSearch
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National Cable Television Assn., Inc. v. UnitedSearch
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Freytag held, Tax Court judges may appoint inferior officers). In terms of the factors identified in Morrison v. OlsonSearch
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In re Sealed Case, 838 F.2d 476 , 532 (CAD C) (dissenting opinion), rev'd sub nom. Morrison v. OlsonSearch
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Winters v. UnitedSearch
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States, 89 S. Ct. 57, 59-60, 21 L. Ed. 2d 80, 84 (1968) (Douglas, J., in chambers). See also Frontiero v. RichardsonSearch
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