Also known as: executive officers · EO
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An officer who exercises authority within the executive branch of government.
An officer who performs significant policy-making functions in a corporation.
An officer who exercises authority within the executive branch of government.
Elena Estrada, the state gaming commissioner, receives a federal directive barring her from issuing any new sports-betting licenses. She challenges the order in federal court. The court holds that the directive improperly targets her executive authority rather than regulating private conduct.
An officer who performs significant policy-making functions in a corporation.
Edith Eberhardt serves on the Public Company Accounting Oversight Board. The President attempts to remove her without cause. She sues, claiming two layers of removal protection shield her position. The court examines whether her role as an executive officer permits such insulation from presidential control.
Each sense below has its own examples, sources, and questions.
Yes. The doctrine prevents Congress from issuing direct orders to state executive officers that dictate what they may or may not do in their official capacities.
Executive officers are divided into principal officers, who require presidential nomination and Senate confirmation, and inferior officers, whose appointment Congress may vest in the President, department heads, or the courts of law.
Yes. The Constitution vests all executive power in a single President, allowing direction of subordinate executive officers, including military commanders, over other executive components.
Yes. The President must take care that the laws are faithfully executed and may not order executive officers to ignore a valid statutory framework.
Emanuel Escobar, Enron's former chief executive officer, faces charges for orchestrating a scheme to inflate stock prices. Prosecutors must prove he knowingly participated in the fraud. The court evaluates whether his executive role supplies the requisite intent for conviction.
Esther Eisenberg, an Arthur Andersen partner supervising the Enron engagement team, directs the shredding of audit workpapers. The government charges obstruction. The court assesses whether her executive position establishes the corrupt intent needed for liability.
Eugene Ellsworth, chief executive officer of a target company, learns of a planned acquisition and sells shares without disclosure. Shareholders sue under the securities laws. The court determines whether his executive status triggers insider-trading liability.
Enzo Eastwood, an executive officer of UOP, negotiates a cash-out merger with the parent company. Minority shareholders allege unfair price. The court reviews whether his position created a conflict requiring entire-fairness scrutiny.
Rule 16a-1(f) includes the president, principal financial officer, principal accounting officer, vice presidents in charge of principal business units, and any other person who performs significant policy-making functions.
…behalf. In Myers v. United States , 272 U. S. 52 (1926), we held that Congress could not limit the President’s power to remove executive officers at will. In Humphrey’s Executor v. United States , 295 U. S. 602 (1935), we upheld for-cause removal protection for members of the Federal Trade Commission, emphasizing that the Commission…