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How Did The Federal Trade Commission Act Of 1914 Conflict With The President's Removal Power?

479 Words2 Pages

William Humphrey was a commissioner of the Federal Trade Commission whose term ended in 1938. President Franklin Roosevelt requested Humphrey’s resignation in 1933 to replace him with a commissioner whose views corresponded with the presidents. When Humphrey refused to resign, President Roosevelt fired him. The Federal Trade Commission Act of 1914 only allowed the president to remove commissioners for inefficiency, neglect of duty, or malfeasance in office. This case originated in the Court of Claims. Issue Did the Federal Trade Commission Act of 1914 conflict with the president’s removal power? Rule The Federal Trade Commission Act of 1914 declared the president could remove the five commissioners he appointed by and with the advice and consent …show more content…

Therefore, Congress’ intent of the Federal Commission Act was to limit the executive power of removal to the causes Congress provided. The president argued Myers gave him the exclusive power of removing executive officers he appointed by and with the consent of the Senate, but the Court argued the position of a postmaster was too unlike the commissioner’s position because a postmaster was an executive official whereas the commissioners dealt with legislative policies. Therefore, Myers could not be used as precedent. The Court also argued the president’s removal authority under the Constitution was not illimitable. Congress had the power to make the commissions independent of executive control and forbid their removal except for cause in the meantime. Also, an independent position could not be expected to maintain an attitude of independence if the president could end their position at any time for any reason. Congress specified in the Federal Trade Commission Act of 1914 the commissioners could only be removed for inefficiency, neglect of duty, or malfeasance in office. The president removed Humphrey for political reasons, not his job performance, which makes the reason the president removed him invalid. Due to the difference of decisions in Myers and Humphrey’s case, the Court decided to make an opinion on future cases of presidential removal of executive officials as they reach the

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