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Morrison v. Olson, 487 U.S. 654 (1988), was a Supreme Court of the United States decision that determined the Independent Counsel Act was constitutional. Morrison also set important precedent determining the scope of Congress's ability to encumber the President's authority to remove Officers of the United States from office.
Brief Fact Summary. The Ethics in Government Act (the Act) allows for the appointment of an “Independent Counsel” by a special court, upon the recommendation of the Attorney General. The purpose is to investigate and if necessary, prosecute government officials for certain violations of federal criminal laws.
Facts of the case. The Ethics in Government Act of 1978 created a special court and empowered the Attorney General to recommend to that court the appointment of an "independent counsel" to investigate, and, if necessary, prosecute government officials for certain violations of federal criminal laws.
Morrison, 529 U.S. 598 (2000), is a U.S. Supreme Court decision that held that parts of the Violence Against Women Act of 1994 were unconstitutional because they exceeded the powers granted to the US Congress under the Commerce Clause and the Fourteenth Amendment's Equal Protection Clause.
Morrison v. Olson: Congress may grant authority to the judicial branch to appoint independent counsel without violating the separation of powers, even though the independent counsel are members of the executive branch.
Summary. This case considered the independent counsel statute, adopted by Congress in the wake of Watergate. The statute created an “independent counsel” appointed by a special court, and who could be removed only for good cause, to investigate alleged ethical violations by high-level executive branch officials.
The Ethics in Government Act of 1978 created a special court and empowered the Attorney General to recommend to that court the appointment of an "independent counsel" to investigate, and, if necessary, prosecute government officials for certain violations of federal criminal laws.
