Humphrey’s Executor v. United States case brief summary
295 U.S. 602 (1935)
CASE FACTS
Plaintiff, executor of an estate, filed suit against defendant government to recover a sum of money due the deceased for his salary as a Federal Trade Commissioner from the time when he was allegedly relieved of his duties by the President until the time of his death. Plaintiff contended that the estate was entitled to the sum of money because the deceased had not been removed by the President under one of the causes enumerated in the Federal Trade Commission Act, 15 U.S.C.S. § 41.
DISCUSSION
Upon certification of two questions, the United States Supreme Court held that the provisions of the Act restricted the power of the President to remove a commissioner only upon one or more of the causes listed in the Act. The Court further held that such a restriction was valid under the Constitution of the United States.
OUTCOME
The Court held that the provisions of the Federal Trade Commission Act restricted the power of the President to remove a commissioner only upon one or more of the causes named in the Act. The Court also held that the Act's restriction on the President's removal power was constitutionally valid.
Recommended Supplements for Administrative Law Examples & Explanations: Administrative Law, Fourth Edition
Administrative Law and Process: In a Nutshell (Nutshell Series)
295 U.S. 602 (1935)
CASE SYNOPSIS
A certificate was issued from the
United States Court of Claims, to decide whether the provisions of
the Federal Trade Commission Act,, restricted or limited the power of
the President to remove a commissioner, except upon one or more of
the causes named.CASE FACTS
Plaintiff, executor of an estate, filed suit against defendant government to recover a sum of money due the deceased for his salary as a Federal Trade Commissioner from the time when he was allegedly relieved of his duties by the President until the time of his death. Plaintiff contended that the estate was entitled to the sum of money because the deceased had not been removed by the President under one of the causes enumerated in the Federal Trade Commission Act, 15 U.S.C.S. § 41.
DISCUSSION
Upon certification of two questions, the United States Supreme Court held that the provisions of the Act restricted the power of the President to remove a commissioner only upon one or more of the causes listed in the Act. The Court further held that such a restriction was valid under the Constitution of the United States.
OUTCOME
The Court held that the provisions of the Federal Trade Commission Act restricted the power of the President to remove a commissioner only upon one or more of the causes named in the Act. The Court also held that the Act's restriction on the President's removal power was constitutionally valid.
Recommended Supplements for Administrative Law Examples & Explanations: Administrative Law, Fourth Edition
Administrative Law and Process: In a Nutshell (Nutshell Series)
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