A conflict between your postmaster general and several designers got developed
The Supreme Court’s decision in Kendall is illuminating. The postmaster general refused to comply with the Solicitor’s decision, arguing that he “was alone subject to the direction and control of the President, with respect to the execution of the duty imposed upon him by this law; and this right of the president is claimed, as growing out of the obligation imposed upon by the constitution, to take care that the laws be faithfully executed.” 37 U.S. (12 Pet.) at 612. The Court emphatically rejected this argument.29 Instead the Court ruled that the Congress had waived sovereign immunity and submitted to whatever resolution the Solicitor ordered. “The terms of the submission was a matter resting entirely in the discretion of congress; and if they thought proper to vest such a power in any one, and especially as the arbitrator was an officer of the government, it did not rest with the postmaster general to control congress, or the solicitor, in that affair.” Id. at 611 (emphasis added). Thus, Kendall stands for the proposition that the executive must comply with the terms of valid statutes and that if a statute requires the executive to submit to binding arbitration, the executive must do so.
Congress enacted a laws leading the Solicitor of one’s Company out-of the latest Treasury to respond to the fresh new disagreement and requiring the fresh postmaster standard to invest any sort of sum brand new Solicitor computed is owed
29 “This is a doctrine that cannot receive the sanction of this court . . . . (more…)