Also known as: heads of departments · head of department
Written by attorneys · grounded in primary & secondary sources — see below
An executive branch official who leads a department and may be vested by Congress with authority to appoint inferior officers under the Appointments Clause.
President Helena Hoffman creates a new maritime agency and designates Heidi Henderson as its head. Congress enacts a statute authorizing the head to appoint a special compliance officer with limited duties investigating one bribery scheme. Heidi appoints the officer without Senate confirmation. The appointment is valid because Heidi qualifies as a head of department under the vesting provision.
Hope Howard, head of the State Department, refuses to deliver a commission to an appointed official. The official sues for mandamus. The court examines whether the head's duty is ministerial and non-discretionary. Because the head of department performs a duty fixed by law, mandamus may issue to compel performance.
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Hannah Hale, head of a cabinet department, terminates an employee for alleged misconduct. The employee sues claiming the action violated federal law. The court considers whether the head's official acts receive absolute immunity. Because the head exercises core executive functions, the suit is barred.
Hakeem Harris chairs a five-member independent agency. Congress vests the commission with power to appoint inferior officers. The agency board, acting collectively, appoints an administrative law judge. The appointment is valid because the multi-member commission qualifies as the head of a department.
Hilda Hernandez, head of the Post Office Department, removes a subordinate postmaster without cause. The postmaster challenges the removal as requiring Senate consent. The court upholds the removal because the head of department possesses unrestricted authority to remove inferior officers.
Hyperion Systems faces investigation by an independent counsel appointed by a judicial panel. The company argues only the Attorney General, as head of department, may appoint such officers. The court rejects the challenge because the counsel is an inferior officer whose appointment Congress may vest in the courts of law.
A head of department is the leader of a freestanding executive component, including cabinet secretaries and multi-member commissions of independent agencies. Congress may vest such officials with power to appoint inferior officers. The term does not extend to every agency subdivision.
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Yes. The Supreme Court has held that an entire commission or board, rather than its chair alone, qualifies as the head of a department. This allows the commission to appoint inferior officers when Congress so provides.
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No. The term covers any freestanding component of the executive branch, including independent agencies such as the SEC. The key requirement is that the entity be subordinate to no other component within the executive branch.
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…principles such writ may be directed and the applicant must be without any other specific legal remedy. The high station of the head of a department makes inquiry delicate but the court's province is solely to decide the rights of individuals, not to inquire into executive discretion. If the matter pertains to a paper upon record or to…