Weiss v. United States
Weiss v. United States | |
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Holding | |
1. The assignment by Congress of germane duties to an existing officer of the United States does not require the reappointment of the incumbent officer prior to exercising those duties. 2. Commissioned military officers may be assigned to duty as military judges without being reappointed under the Appointments Clause. | |
Court membership | |
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Case opinion | |
Majority | Rehnquist, joined by unanimous |
Laws applied | |
U.S. Const. art. II, § 2, cl. 2 |
Weiss v. United States, 510 U.S. 163 (1994), is a Supreme Court of the United States case which held that commissioned military officers, who are appointed by the president of the United States by and with the advice and consent of the United States Senate, may be assigned to act as military judges without the need to be confirmed a second time by the Senate.
Background
The petitioner Eric J. Weiss was a member of the United States Marine Corps who pled guilty to one count of larceny in violation of the Uniform Code of Military Justice. Upon review, the Navy-Marine Corps Court of Military Review affirmed the conviction.
Weiss appealed to the
Decision
A unanimous Supreme Court ruled against Weiss, holding the method of appointment of the military judge was constitutional. The Court began by ruling that military judges are officers of the United States because they exercise significant authority under the laws of the United States and, therefore, must be appointed in conformity with the Appointments Clause. However, all military judges, as military officers, are appointed by the President and confirmed the Senate. Weiss argued that, prior, to assuming duties as a military judge, the military officer had to be reappointed. The Court rejected this argument, holding that military officers may be assigned to different duties within the military without running afoul of the Appointments Clause as long as the new assignment is germane to the office for which they were originally appointed. As all military officer have a duty to exercise control over the armed forces, serving a military judge was germane.
External links
- Text of Weiss v. United States, 510 U.S. 163 (1994) is available from: Justia Library of Congress Oyez (oral argument audio)