...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...
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...Unit I - The Uneasy Constitutional Location of Agencies in the Executive Branch Unit One in a nutshell: Types of Agencies: - Departments - Independent (article I courts) - Other (mistretta, sentencing guideline commission, etc.) Presidential power - Removal (Meyers, Humphreys) Separation of powers - Mistretta at pg. 19 Non-delegation - J.W. Hampton, Mistretta at 15. APA design; three functions of agencies: 1. make rules 2. adjudicate 3. gather information There are not very many legal issues with information gathering, so the class will not focus on it. Rule making and adjudication is done formally and informally | |Rule Making |Adjudication | |Formal |§ 553 |§ 554 | |Informal |§ 553 |§ 554 | Rulemaking = making little laws. Same effect as anything congress passes. Adjudication = making an order Introduction to Administrative Law - F&S pp. 1-22 The Administrative Procedure Act - Act, Chart and Sample Rule The Grouper Handout and the APA §553 §553 doesn’t say where the rule comes from (i.e. employee of the U.S. or anything), but does say publish in the federal register. §553(b) §553(b)(1) - time/place/etc/nature. The grouper rule - March 4, 1992, to the mailroom, by mail = time, place, nature. Does this constitute...
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...Northwestern University – School of Law Public law & Legal Theory Research Paper Series Paper No. 09-12 ~and~ University of San Diego – School of Law Legal Studies Research Paper Series Paper No. 09-008 Reconciling Originalism and Precedent John O. McGinnis Northwestern University – School of Law Michael B. Rappaport University of San Diego – School of Law Northwestern University Law Review, Vol. 103, No. 2, 2009 Copyright 2009 by Northwestern University School of Law Northwestern University Law Review Printed in U.S.A. Vol. 103, No. 2 RECONCILING ORIGINALISM AND PRECEDENT John O. McGinnis∗ & Michael B. Rappaport** INTRODUCTION ....................................................................................................................... 1 I. PRECEDENT, ORIGINALISM, AND THE CONSTITUTION ................................................... 4 A. B. C. II. A. B. C. D. E. F. The Supposed Conflict Between Originalism and Precedent ............................ 5 A Short History of Precedent ............................................................................... 7 The Consistency of Originalism and Precedent ............................................... 21 The Supermajoritarian Theory of Constitutional Originalism........................ 28 The Relative Benefits of Original Meaning and Precedent ............................. 29 Precedent Rules .................................................................................................. 34 Factors...
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