About: Freytag v. Commissioner

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Freytag v. Commissioner of Internal Revenue, 501 U.S. 868 (1991), is a United States federal court case in which the Supreme Court of the United States decided the characteristics of inferior officers of the United States for the purposes of the Appointments Clause.

Attributes	Values
rdf:type	Thing case Legal Case unit of work Legal case Supreme Court of the United States case
rdfs:label	Freytag v. Commissioner (en)
rdfs:comment	Freytag v. Commissioner of Internal Revenue, 501 U.S. 868 (1991), is a United States federal court case in which the Supreme Court of the United States decided the characteristics of inferior officers of the United States for the purposes of the Appointments Clause. (en)
foaf:name	(en) Thomas L. Freytag, et al. v. Commissioner of Internal Revenue (en)
foaf:depiction
dcterms:subject	Appointments Clause case law United States Supreme Court cases 1991 in United States case law United States separation of powers case law United States Supreme Court cases of the Rehnquist Court United States administrative case law
Wikipage page ID	60141319 (xsd:integer)
Wikipage revision ID	1034756892 (xsd:integer)
Link from a Wikipage to another Wikipage	F.2d Appointments Clause Appointments Clause case law United States Cabinet United States Congress United States Court of Appeals for the Fifth Circuit United States Secretary of State United States Secretary of the Treasury United States Tax Court United States Supreme Court cases Commissioner of Internal Revenue Antonin Scalia 1991 in United States case law United States separation of powers case law United States Supreme Court cases of the Rehnquist Court Harry Blackmun Tax shelter Article Two of the United States Constitution United States administrative case law L. Ed. 2d Supreme Court of the United States Tax Reform Act of 1969 Certiorari Officer of the United States Federal income tax Article III judge Article III judges Article II of the United States Constitution Article I court Article I judge Article I judges
Link from a Wikipage to an external page	https://law.justia.com/cases/federal/appellate-courts/F2/904/1011/388424/ https://supreme.justia.com/cases/federal/us/501/868/ https://www.oyez.org/cases/1990/90-762 http://cdn.loc.gov/service/ll/usrep/usrep501/usrep501868/usrep501868.pdf
sameAs	Freytag v. Commissioner Freytag v. Commissioner
dbp:wikiPageUsesTemplate	dbt:Caselaw_source dbt:Empty_section dbt:Infobox_SCOTUS_case dbt:Italic_title dbt:Reflist dbt:Use_American_English dbt:Use_mdy_dates dbt:Ussc dbt:US_Appointments_Clause
thumbnail	wiki-commons:Special:FilePath/Justice_Blackmun_Official.jpg?width=300
JoinMajority	Rehnquist, White, Marshall, Stevens; Scalia, O'Connor, Kennedy, Souter (en)
LawsApplied	Article Two of the United States Constitution
oyez	https://www.oyez.org/cases/1990/90-762
ParallelCitations	172800.0 (second)
Prior	17280.0 (second)
USPage	868 (xsd:integer)
USVol	501 (xsd:integer)
ArgueDate	0001-04-23 (xsd:gMonthDay)
ArgueYear	1991 (xsd:integer)
case	Freytag v. Commissioner, (en)
DecideDate	0001-06-27 (xsd:gMonthDay)
DecideYear	1991 (xsd:integer)
fullname	Thomas L. Freytag, et al. v. Commissioner of Internal Revenue (en)
Holding	Special trial judges of the United States Tax Court are inferior officers of the United States and are thus subject to the Appointments Clause. (en)
justia	https://supreme.justia.com/cases/federal/us/501/868/
Litigants	Freytag v. Commissioner (en)
majority	Blackmun (en)
loc	http://cdn.loc.gov/service/ll/usrep/usrep501/usrep501868/usrep501868.pdf
has abstract	Freytag v. Commissioner of Internal Revenue, 501 U.S. 868 (1991), is a United States federal court case in which the Supreme Court of the United States decided the characteristics of inferior officers of the United States for the purposes of the Appointments Clause. The case concerned the appointment method of special trial judges of the United States Tax Court. The Court was unanimous in its conclusion that special trial judges were inferior officers under the Appointments Clause, rather than mere employees, because of the characteristics of their office and that their appointment was constitutional. Positions constitute inferior officers when the position (1) is established by law and (2) exercises significant authority (3) involving significant discretion. The division between the majority, led by Justice Harry Blackmun, and the concurrence, led by Justice Antonin Scalia, centered on the status of the Tax Court itself. Under the Appointments Clause, inferior officers may only be appointed by the President, Heads of Departments, or the Courts of Law. The majority determined the Tax Court, which exercises power as an Article I court was a "Court of Law" for the purpose of the Appointments Clause and was thus constitutional. The concurrence, however, would have held "Courts of Law" are limited to traditional Article III courts. Instead, the concurrence would have permitted the appointments under the view that the Tax Court is a "Head of a Department". (en)
Concurrence	Scalia (en)
JoinConcurrence	O'Connor, Kennedy, Souter (en)
prov:wasDerivedFrom	wikipedia-en:Freytag_v._Commissioner?oldid=1034756892&ns=0
page length (characters) of wiki page	8193 (xsd:nonNegativeInteger)
foaf:isPrimaryTopicOf	wikipedia-en:Freytag_v._Commissioner
is Link from a Wikipage to another Wikipage of	Free Enterprise Fund v. Public Company Accounting Oversight Board Freytag v. Commissioner of Internal Revenue Freytag v Commissioner
is Wikipage redirect of	Freytag v. Commissioner of Internal Revenue Freytag v Commissioner
is foaf:primaryTopic of	wikipedia-en:Freytag_v._Commissioner

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