“The Bearing of Myers v. United States upon the Independence of Federal Administrative Tribunals”—A Criticism

Extract

In a recent issue of the Review, Professor James Hart, of Johns Hopkins University, has advocated a limitation upon the doctrine announced in the Myers case so that Congress may prescribe the terms of office of the members of the various quasi-judicial administrative tribunals, and incidentally that of the Comptroller-General.

The present writer's views on the status of the Comptroller-General are expressed elsewhere. He also dissents from Professor Hart's views on the expediency of granting to the various administrative tribunals any different terms of office from those which the Chief Justice indicated in the Myers case that they already have. This dissent is not a little supported by the practical suggestion of Dr. Hart. He indicates that “constitutional mores” are alone not enough to regulate the President's actions in exercising his power to remove, but that a definite term and formula should be prescribed and “constitutional mores” then depended upon to keep the President within the bounds of the formula. The limited experience of the present writer indicates that it is easier to satisfy a formula which is presumed to prescribe justice than to satisfy the dictates of justice on the facts of each case.

Expediency, however, is a matter of opinion. One who attempts to criticize the logic and technique of another must accept the other's views of expediency.