Humphrey’s Executor v. United States
295 U.S. 602 (1935)
Facts
Congress created the Federal Trade Commission in 1914 as an independent regulatory agency to enforce antitrust laws and prevent unfair methods of competition. The commission was to consist of five members appointed by the president and confirmed by the senate. The president could remove the commissioners, but only for inefficiency, neglect of duty, or malfeasance in office. In 1931, President Hoover named commissioner William Humphrey to a second term. In 1933, newly elected president Franklin Delano Roosevelt asked Humphrey to resign and Humphrey refused. President Roosevelt then fired Humphrey because he did not approve of his positions on policies related to the FTC. Humphrey claimed he was illegally removed. Humphrey died in 1934 and his executor filed suit on his behalf in the court of claims to recover the salary lost between his dismissal and his death. Humphrey’s executor, Samuel Rathbun, argued that the FTC was intended to be an independent body and the holding in Meyers is not applicable to an FTC commissioner who functions as an agent of the executive, legislature, and the …show more content…
Holding
No, 9-0 in favor of Humphrey’s Executor. Justice Sutherland wrote the unanimous opinion.
Reasoning
1. The intent of the Federal Trade Commission act is to limit the executive power of removal to those enumerated in the Constitution.
2. The decision in Meyers is not controlling in this case as the position of a postmaster is unlike that of a FTC commissioner. While a postmaster is an executive officer and is subject to the exclusive and unlimited power of the executive, the FTC is an administrative body created by Congress and cannot be characterized as an arm or eye of the