Constitution Brief 3

Constitution Brief 3 - remove executive branch officials?...

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Tyler Farrar U.S. Constitution Brief #3 2/20/09 Case: Humphrey’s Executor v. United States , 295 U.S. 602 (1935) Facts: In 1931, President Herbert Hoover appointed William E. Humphrey as a commissioner in the Federal Trade Commission. Humphrey was confirmed by the Senate and was set to serve a second, seven year term. However, Franklin Roosevelt, determined to staff the executive branch with people who supported his New Deal programs, asked Humphrey to resign. After Humphrey resisted Roosevelt’s pressure to resign, Roosevelt fired Humphreys from his position. Humphrey died in 1934 but his executor file suit on behalf of Humphrey trying to recover the salary lost between the date of his dismissal and his death. Issue: Did the Federal Trade Commission Act interfere with the president’s power to
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Unformatted text preview: remove executive branch officials? Does the president have constitutional power of removal? Holding : The Court, using precedent from the Myers case, held that the president does not have the power of removal without the consent from Congress. Reasoning : Justice Sutherland 1. The Federal Trade Commission is an administrative body created by Congress to execute legislative policies that have been prescribed to them by law. 2. Executive branch agencies must be free from control or coercive influence. 3. If the president has the power to removal, it threatens the independence of the agency. 4. In Myers v. United States , the Court decided the president could not remove a postmaster without the advice and consent of the Senate. Concurring Opinions: None Dissenting Opinions: None...
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This note was uploaded on 07/26/2011 for the course PLSC 4253 taught by Professor Schreckhise during the Spring '10 term at Arkansas.

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Constitution Brief 3 - remove executive branch officials?...

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