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Humphrey's Executor v. United States is a case decided on May 27, 1935, by the United States Supreme Court. It involved the power of the President to remove a member of the Federal Trade Commission for reasons other than the ones explicitly stated in the Federal Trade Commission Act. The Supreme Court ruled unanimously that the President could not remove a commissioner for a cause other than those listed in the act, which were "inefficiency, neglect of duty, or malfeasance in office."[1]

HIGHLIGHTS
  • The case: The estate of William E. Humphrey, a former member of the Federal Trade Commission, sued the federal government to recover his wages earned after President Franklin D. Roosevelt had tried to force him to resign.
  • The issue: Could the President remove an FTC commissioner for a cause other than the ones listed in the Federal Trade Commission Act?
  • The outcome: The Supreme Court ruled unanimously that the President could not remove a Federal Trade Commissioner for a cause other than "inefficiency, neglect of duty, or malfeasance in office."


    • In brief: President Franklin D. Roosevelt asked William E. Humphrey, a member of the Federal Trade Commission, to resign. When Humphrey refused, Roosevelt had him removed, though Humphrey continued to insist that this removal was unlawful. Humphrey died several months later and his estate then sued to recover the wages they claimed were due to him for the time after his removal. The Supreme Court ruled unanimously that the President could only remove FTC commissioners for the reasons explicitly listed in the Federal Trade Commission Act, which were "inefficiency, neglect of duty, or malfeasance in office."

    Why it matters: The ruling set a precedent that the President's could not remove officers from independent federal agencies for reasons other than those listed in the relevant statutes. The court noted that administrative agencies were meant to be independent and nonpartisan, so the President generally could not remove such officers for purely political reasons.


    See also

    External links

    Footnotes

    1. ↑ FindLaw, HUMPHREY'S EX'R v. UNITED STATES, accessed November 27, 2017
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