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 introduced a rules leading the new Solicitor of the Service out of the fresh new Treasury to resolve the fresh conflict and you can demanding the postmaster standard to expend any sum the new Solicitor calculated is actually owed
29 «This is a doctrine that cannot receive the sanction of this court . . . . Читать далее «A conflict within postmaster standard and several contractors had developed»