, Justice James Clark McReynolds concurred with the majority opinion and noted that his dissenting opinion in Myers v. United States stated his views concerning the power of the president to remove appointees.. See, also, Carroll v. Lessee of Carroll et al., 16 How. L. AW . Humphrey's Executor v. United States. May 27, 1935. The office of a postmaster is so essentially unlike the office now involved that the decision in the Myers case cannot be accepted as controlling our decision here. 1611, narrowly confined the scope of the Myers decision to include only 'all purely executive officers.' Three contributors discuss Joshua Mitchell's new book and the trajectory of identity politics. v. United States, 295 U. S. 602, and . Humphrey’s Executor v. United States George Sutherland Justice Sutherland delivered the opinion of the Court…. Humphrey’s Executor v. United States George Sutherland Justice Sutherland delivered the opinion of the Court…. This construction of the Act is confirmed by a consideration of the character of the Commission -- an independent, nonpartisan body of experts, charged with duties neither political nor executive, but predominantly quasi-judicial and quasi-legislative, and by the legislative history of the Act. 3. President Franklin Roosevelt was so angered by Supreme Court challenges to his authority--and by Humphrey's Executor in particular--that he developed a plan to "pack" the Court with his own appointees as part … No commissioner shall engage in any other business, vocation, or employment. 10-11) the Senate Committee on Interstate Commerce, in support of the bill which afterwards became the act in question, after referring to the provision fixing the term of office at seven years, so arranged that the membership would not be subject to complete change at any one time, said: "The work of this commission will be of a most exacting and difficult character, demanding persons who have experience in the problems to be met -- that is, a proper knowledge of both the public requirements and the practical affairs of industry. 1 Annals of Congress, cols. 611-612. Humphrey's Executor v. United States: | | | Humphrey's Executor v. United States | | | ... World Heritage Encyclopedia, the aggregation of the largest online encyclopedias available, and the most definitive collection ever assembled. STUDY. * The docket title of this case is: Rathbun, 'Executor, v. United States. Humphrey's Executor v. United States Argued: May 1, 1935. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision. Create lists, bibliographies and reviews: or Search WorldCat. A like situation was. The reason of this maxim is obvious. In the light of the question now under consideration, we have reexamined the precedents referred to in the Myers case, and find nothing in them to justify a conclusion contrary to that which we have reached. J. USTICE. Suit by Samuel F. Rathbun, as executor of the estate of William E. Humphrey, deceased, against the United States, in which the Court of Claims certified questions to the United States Supreme Court. 869, 79 L.Ed. ", The debates in both houses demonstrate that the prevailing view was that the commission was not to be "subject to anybody in the government, but . Morrison. If the power of the President to remove a commissioner is restricted or limited as shown by the foregoing interrogatory and the answer made thereto, is such a restriction or limitation valid under the Constitution of the United States? Humphrey’s Executor. Argued. 667. In administering the provisions of the statute in respect of "unfair methods of competition" -- that is to say, in filling in and administering the details embodied by that general standard -- the commission acts in part quasi-legislatively and in part quasi-judicially. After Humphrey’s death in 1934, his executor sued to recover his salary. appeals for its enforcement. In the face of the unbroken precedent against life tenure, except in the case of the judiciary, the conclusion that Congress intended that, from among all other civil officers, appraisers alone should be selected to hold office for life was so extreme as to forbid, in the opinion of the court, any ruling which would produce that result if it reasonably could be avoided. The actual decision in the Myers case finds support in the theory that such an officer is merely one of the units in the executive department, and, hence, inherently subject to the exclusive and illimitable power of removal by the Chief Executive, whose subordinate and aid he is. If the commission finds the method of competition is one prohibited by the act, it is directed to make a report in writing stating its findings as to the facts, and to issue and cause to be served a cease and desist order. He did not resign and was then fired. Such a body cannot in any proper sense be characterized as an arm or an eye of the executive. This means you can view content but cannot create content. The fundamental necessity of maintaining each of the three general departments of government entirely free from the control or coercive influence, direct or indirect, of either of the others has often been stressed, and is hardly open to serious question. On July 25, 1933, President Roosevelt addressed a letter to the commissioner asking for his resignation, on the ground, "that the aims and purposes of the Administration with respect to the work of the Commission can be carried out most effectively with personnel of my own selection,", but disclaiming any reflection upon the commissioner personally or upon his services. Humphrey rejected this action and attempted to continue performing his duties until his death on February 14, 1934. Nine years later, however, the court held in Humphrey’s Executor v. United States (1935) that the president could not remove a member of an independent regulatory agency in defiance of restrictions provided by law. Illinois Central R. Co. v. Interstate Commerce Comm'n, 206 U. S. 441, 206 U. S. 454; Standard Oil Co. v. United States, 283 U. S. 235, 283 U. S. 238-239. Putting aside dicta, which may be followed if sufficiently persuasive but which are not controlling, the necessary reach of the decision goes far enough to include. In the latter case, the distinction he saw was that "their acts are his acts," and his will, therefore, controls; and, by way of illustration, he adverted to the act establishing the Department of Foreign Affairs, which was the subject of the "decision of 1789. The actual decision in the … And he added that these general expressions in the case of Marbury v. Madison were to be understood with the limitations put upon them by the opinion in the Cohens case. No. After some further correspondence upon the subject, the President, on August 31, 1933, wrote the commissioner expressing the hope that the resignation would be forthcoming, and saying: "You will, I know, realize that I do not feel that your mind and my mind go along together on either the policies or the administering of the Federal Trade Commission, and, frankly, I think it is best for the people of this country that I should have a full confidence.". Humphrey's Executor sued for lost salary. United States, Humphrey having, like Myers before him, died in the course of his suit for salary. Drawing on earlier decisions in Standard Oil Co. v. United States and Illinois Central Railroad Co. v. Interstate Commerce Commission, Justice Sutherland outlined a vision of administrative agencies as independent, nonpartisan entities. The executor of Humphrey’s estate (plaintiff) … The Federal Trade Commission is an administrative body created by Congress to carry into effect legislative policies embodied in the statute in accordance with the legislative standard therein prescribed, and to perform other specified duties as a legislative or as a judicial aid. And Mr. Justice Story, in the first volume of his work on the Constitution, 4th ed., § 530, citing No. 5 U. S. 162, 5 U. S. 165-166, it is made clear that Chief Justice Marshall was of opinion that a justice of the peace for the District of Columbia was not removable at the will of the President, and that there was a distinction between such an officer and officers appointed to aid the President in the performance of his constitutional duties. Schechter Poultry Corp. v. United States, Association of Data Processing Service Organizations v. Camp, Federal Trade Commission (FTC) v. Standard Oil Company of California, Food and Drug Administration v. Brown and Williamson Tobacco Corporation, Immigration and Naturalization Service (INS) v. Chadha, J.W. No. The commissioner declined to resign, and on October 7, 1933, the President wrote him: "Effective as of this date, you are hereby removed from the office of Commissioner of the Federal Trade Commission.". Humphrey’s Executor v. United States. The Supreme Court ruled unanimously that the President could not remove a commissioner for a cause other than those listed in the act, which were "inefficiency, neglect of duty, or malfeasance in office. HUMPHREY's EXECUTOR v. UNITED STATES 295 U.S. 602 (1935) This decision probably more than any other contributed to President franklin d. roosevelt's animus against the Supreme Court. [Argument of Counsel from pages 602-604 intentionally omitted] Page 604. all purely executive officers. Pp. The question actually before the Court is investigated with care, and considered in its full extent. For it is quite evident that one who holds his office only during the pleasure of another cannot be depended upon to maintain an attitude of independence against the latter's will. He was duly commissioned for a term of seven years, expiring September 25, 1938; and, after taking the required oath of office, entered upon his duties. the Humphrey’s Executor standard and violate the separation of powers ..... 9 A. ", The Federal Trade Commission Act, c. 311, 38 Stat. 295 US 602 (1935) United States v. Butler. It is charged with the enforcement of no policy except the policy of the law. And he added that these general expressions in the case of Marbury v. Madison were to be understood with the limitations put upon them by the opinion in the Cohens Case. 5 months ago. The case was decided on May 27, 1935. He thus concluded that the act did not allow the President to remove FTC commissioners for reasons other than the ones listed. . 717; 15 U.S.C. And it is pertinent to observe that, when, at a later time, the tenure of office for the Comptroller of the Treasury was under consideration, Mr. Madison quite evidently thought that, since the duties of that office were not purely of an executive nature, but partook of the judiciary quality as well, a different rule in respect of executive removal might well apply. | Argued May 1, 1935. Roosevelt wanted Humphrey to resign from the FTC because he would interfere with New Deal policies. The ruling set a precedent that the President's could not remove officers from independent federal agencies for reasons other than those listed in the relevant statutes. Section 6, among other things, gives the commission wide powers of investigation in respect of certain corporations subject to the act and in respect of other matters, upon which it must report to Congress with recommendations. That decision goes no farther than to include purely executive officers. S. EILA . Facts. presented in the case of Cohens v. Virginia, 6 Wheat. The commission consisted of five members to be appointed by the President with the advice and consent of the Senate, with not more than three of the members being of the same political party. 48 of the Federalist, said that neither of the departments in reference to each other "ought to possess, directly or indirectly, an overruling influence in the administration of their respective powers." 936; O'Donoghue v. United States, 289 U.S. 516, 550, 53 S.Ct. Question No. The court below has certified to this court two questions (Act of February 13, 1925, § 3(a), c. 229, 43 Stat. Many such investigations have been made, and some have served as the basis of congressional legislation. The Supreme Court ruled unanimously that the President could only remove FTC commissioners for the reasons explicitly listed in the Federal Trade Commission Act, which were "inefficiency, neglect of duty, or malfeasance in office.". The party subject to the order may seek and obtain a review in the circuit court of appeals in a manner provided by the act. 295 U.S. 602 55 S.Ct. The words of the act are definite and unambiguous. It involved the power of the President to remove a member of the Federal Trade Commission for reasons other than the ones explicitly stated in the Federal Trade Commission Act. In Humphrey’s Executor v. United States,1 the United States Su-preme Court paved the way for the modern administrative state by holding that Congress could constitutionally limit the President’s power to remove the heads of administrative agencies for political reasons.2 The Court held that President Franklin Roosevelt’s removal Why it matters: Andrews, The Works of James Wilson (1896), vol. In October 1933, President Franklin D. Roosevelt removed Federal Trade Commissioner William E. Humphrey, not for neglect of duty or malfeasance, as stipulated in the Federal Trade Commission Act, … , The Supreme Court ruled unanimously that the President could not remove a Federal Trade Commissioner for a cause other than "inefficiency, neglect of duty, or malfeasance in office. And see O'Donoghue v. United States, supra., at pp. President Franklin D. Roosevelt asked William E. Humphrey, a member of the Federal Trade Commission, to resign. Thank you. . The legislative reports in both houses of Congress clearly reflect the view that a fixed term was necessary to the effective and fair administration of the law. Humphrey’s Executor v. United States. '. He was duly commissioned for a term of seven years, expiring September 25, 1938; and, after taking the required oath of office, entered upon his duties. 19–7. Does Section 1 of the FTC Act limit the President's power to remove FTC officers? These circumstances, which led the court to reject the maxim as inapplicable, are exceptional. T. HE . Humphrey's Executor v. United States. The precedent set in Humphrey's was reaffirmed in Wiener v. United States (1958). P. 295 U. S. 626. The power of removal here claimed for the President falls within this principle, since its coercive influence threatens the independence of a commission which is not only wholly disconnected from the executive department, but which, as already fully appears, was created by Congress as a means of carrying into operation legislative and judicial powers, and as an agency of the legislative and judicial departments. You can access the new platform at https://opencasebook.org. Justice George Sutherland wrote the majority opinion and was joined by Chief Justice Charles Hughes, Willis Van Devanter, Louis Brandeis, George Sutherland, Pierce Butler, Harlan Fiske Stone, Owen Josephus Roberts, Benjamin Nathan Cardozo, and James Clark McReynolds. The Affliction of Identity Politics: A Symposium on American Awakening. The first commissioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from the date of the taking effect of this Act, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the commissioner whom he shall succeed. . RATHBUN v. SAME. P. 295 U. S. 624. In making investigations and reports thereon for the information of Congress under 6, in aid of the legislative power, it acts as a legislative agency. The negative contention of the government is based principally upon the decision of this court in Shrutleff v. United States, 189 U. S. 311. Humphrey's Executor v. United States , 295 U.S. 602 (1935), was a United States Supreme Court case decided during the Franklin Delano Roosevelt presidency, regarding the powers that a President of the United States has to remove certain executive officials of a "quasi-legislative," "quasi-judicial" administrative body created by Congress, for purely political reasons and without the consent of … 740, 77 L.Ed. Federal Trade Comm'n v. Raladam Co., 283 U. S. 643, 283 U. S. 650. Read Humphrey's Executor v. United States, 295 U.S. 602 free and find dozens of similar cases using artificial intelligence. The so-called "decision of 1789" had relation to a bill proposed by Mr. Madison to establish an executive Department of Foreign Affairs. The CFPB’s structure improperly con-centrates power in a single director with broad regulatory power but lim-ited accountability to the Executive Branch and the people ..... 10 B. We shall not discuss the subject further, since it is so fully covered by the opinions in the Myers case, except to say that the office under consideration by Congress was not only purely executive, but the officer one who was responsible to the President, and to him alone, in a very definite sense. Educational opportunities related to the administrative state, Scholarly work related to the administrative state, "Administrative Law - The 20th Century Bequeaths an 'Illegitimate Exotic' in Full and Terrifying Flower" by Stephen P. Dresch (2000), "Confronting the Administrative Threat" by Philip Hamburger and Tony Mills (2017), "Constitutionalism after the New Deal" by Cass R. Sunstein (1987), "Rulemaking as Legislating" by Kathryn Watts (2015), "The Study of Administration" by Woodrow Wilson (1887), "Why the Modern Administrative State Is Inconsistent with the Rule of Law" by Richard A. Epstein (2008), Federalist No. The Federal Trade Commission is an administrative body created by Congress to carry into effect legislative policies embodied in the statute in accordance with the legislative standard Decided. 295 U.S. 602 55 S.Ct. May 27, 1935. The authority of Congress, in creating quasi-legislative or quasi-judicial agencies, to require them to act in discharge of their duties independently of executive control cannot well be doubted, and that authority includes, as an appropriate incident, power to fix the period during which they shall continue in office, and to forbid their removal except for cause in the meantime. While the general rule preclude the use of congressional debates to explain the meaning of the words of a statute, they may be considered as reflecting light upon its general purposes and the evils which it sought to remedy. 667. 869 79 L.Ed. The court noted that administrative agencies were meant to be independent and nonpartisan, so the President generally could not remove such officers for purely political reasons. v. C. ONSUMER . Nov 16, 2020. 131. This is the old version of the H2O platform and is now read-only. The Federal Trade Commission Act fixes the terms of the Commissioners and provides that any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. 275, 286-287; O'Donoghue v. United States, 289 U.S. 516, 550 , 53 S.Ct. Expressions in an opinion which are beyond the point involved do not come within the rule of stare decisis. Appointed . No. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. President Roosevelt had removed the deceased from office, but the deceased had refused to resign. To the extent that it exercises any executive function -- as distinguished from executive power in the constitutional sense -- it does so in the discharge and effectuation of its quasi-legislative or quasi-judicial powers, or as an agency of the legislative or judicial departments of the government.*. Humphrey’s Executor (1935) is the 63rd landmark Supreme Court case featured in the KTB Prep American Government and Civics series designed to acquaint users with the origins, concepts, organizations, and policies of the United States government and political system. HUMPHREY'S EXECUTOR v. U. S. 603 602 Syllabus. In accordance with the foregoing, the questions submitted are answered. 1. Humphrey's Executor v. United States. Did section 1 of the Federal Trade Commission Act unconstitutionally interfere with the executive power of the President? Like the Interstate Commerce Commission, its members are called upon to exercise the trained judgment of a body of experts "appointed by law and informed by experience." Humphrey's estate then sued to recover the salary alleged to be due to him for the time after his removal. United States (1935). President Roosevelt fired Mr. Humphrey, a commissioner of the Federal Trade Commission (FTC), in violation of a statute that said that a commissioner could only be removed for “inefficiency, neglect of duty or malfeasance in office.”. 295 U.S. 602. May 1, 1935. External Relations: Alison Prange • Sara Key • Sarah Rosier • Kari Berger 189 U. S. 316, 189 U. S. 318), "to attribute an intention on the part of Congress to make such an extraordinary change in the usual rule governing the tenure of office, and one which is to be applied to this particular office only, without stating such intention in plain and explicit language, instead of leaving it to be implied from doubtful inferences. Argued May 1, 1935. . 19-7 In the Supreme Court of the United States. MR. JUSTICE SUTHERLAND delivered the opinion of the Court. Recent. 667. Its duties are performed without executive leave, and, in the contemplation of the statute, must be free from executive control. To the accomplishment of these purposes it is clear that Congress was of opinion that length and certainty of tenure would vitally contribute. such as that here involved there shall remain a field of doubt, such cases as may fall within it are left for future consideration and determination as they may arise. When Humphrey refused, Roosevelt had him removed, though Humphrey continued to insist that this removal was unlawful. delivered the opinion of the Court with respect to Parts I, II, and III, concluding: 1. So much is implied in. Insofar as they are out of harmony with the views here set forth, these expressions are disapproved. ", "If the foregoing question is answered in the affirmative, then -- ", "2. President Donald Trump’s administration is set … The Humphrey’s Executor opinion is a constitutional debacle, and if the Court is unwilling to overrule the deci-sion, it should at the very least limit it to its facts. Did FTC act unconstitutionally interfere with executive powers of dismissal? "We think it quite inadmissible," the court said (pp. 2, Yes. 1356. 4. Nov 16, 2020. United States, 272 U.S. 52 (1926) the President has unrestricted power to remove executive branch officials. Proponents of strong presidential powers long argued that Humphrey’s Executor , like A.L.A. The government says the phrase "continue in office" is of no legal significance, and, moreover, applies only to the first commissioners. Chief Justice Marshall, who delivered the opinion in the Marbury case, speaking again for the court in the Cohens case, said: "It is a maxim not to be disregarded that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. alone to make the removal, is confined to purely executive officers, and, as to officers of the kind here under consideration, we hold that no removal can be made during the prescribed term for which the officer is appointed except for one or more of the causes named in the applicable statute. The President removed Shurtleff without assigning any cause therefor. Such a body cannot in any proper sense be characterized as an arm or an eye of the executive. See also Carroll v. Lessee of Carroll, 16 How. v. UNITED STATES. ", The result of what we now have said is this: whether the power of the President to remove an officer shall prevail over the authority of Congress to condition the power by fixing a definite term and precluding a removal except for cause will depend upon the character of the office; the Myers decision, affirming the power of the President. The authority of Congress, in creating quasi-legislative or quasi-judicial agencies, to require them to act in discharge of their duties independently of executive control cannot well be doubted, and that authority includes, as an appropriate incident, power to fix the period during which they shall continue in office, and to forbid their removal except for cause in the meantime. Click here to contact our editorial staff, and click here to report an error. Decided May 27, 1935. If the order is disobeyed, the commission may apply to the appropriate circuit court of. Ballotpedia features 318,650 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. Humphrey's Executor v. United States. . P. ROTECTION . Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Law & Liberty Editors. Upon these and other facts set forth in the certificate, which we deem it unnecessary to recite, the following questions are certified: "1. Recent. Myers had affirmed the President's power to dismiss officers of the Executive Branch (in that case, a postmaster) and had included both members of the main Executive Departments and the independent federal agencies. The ruling solidified the precedent set in Humphrey's Executor v. United States (1935), which had modified the one set in Myers v. United States (1926). 667 Petitioner Humphrey's Executor Respondent United States Decided By Hughes Court (1932-1937) Opinion 295 U.S. 602 (1935) Argued Wednesday, May 1, 1935 Decided Monday, May 27, 1935 _____ Term: 1901-1939 > 1934 Location: The White House Facts of the Case President Hoover appointed, and the Senate … P. 295 U.S. 629. Section 12 of the act provided for the appointment by the President, by and with the advice and consent, of the Senate, of nine general appraisers of merchandise, who "may be removed from office at any time by the President for inefficiency, neglect of duty, or malfeasance in office." The result of what we now have said is this: Whether the power of the President to remove an officer shall prevail over the authority of Congress to condition the power by fixing a definite term and precluding a removal except for cause will depend upon the character of the office; the Myers decision, affirming the power of the President alone to make the removal, is confined to purely executive officers; and as to officers of the kind here under consideration, we hold that no removal can be made during the prescribed term for which the officer is appointed, except for one or more of the causes named in the applicable statute. We think it plain under the Constitution that illimitable power of removal is not possessed by the President in respect of officers of the character of those just named. Writing for a unanimous court, Justice George Sutherland ruled against the president and upheld the constitutionality of the 1914 law. --- Decided: May 27, 1935. Source: United States Reports. United States (1935). 275, 286—287, 14 L.Ed. the very fact of the separation of the powers of these departments by the Constitution, and in the rule which recognizes their essential coequality. Other principles which may serve to illustrate it are considered in their relation to the case decided, but their possible bearing on all other cases is seldom completely investigated.". SUPREME COURT OF THE UNITED STATES . Search for Library Items Search for Lists Search for Contacts Search for a Library. . Humphrey's Executor v. United States, 295 U.S. 602 (1935) Humphrey's Executor v. Shurtleff v. United States, 189 U. S. 311, distinguished. In that case, the President removed a general appraiser of merchandise without cause and the Supreme Court rejected the appraiser's petition to recover salary. It involved the power of the President to remove a member of the Federal Trade Commission for reasons other than the ones explicitly stated in the Federal Trade Commission Act. The federal government argued that the President was not limited by the causes listed in the act, using the precedent set in Shurtleff v. United States (1903). In light of these constitutional concerns, Sutherland concluded that the President could not dismiss officers from independent agencies for causes not listed in the relevant statutes. The ruling affirmed the rights of independent agencies like the FTC to perform their duties free from direct Presidential control. So much is implied in the very fact of the separation of the powers of these departments by the Constitution, and in the rule which recognizes their essential coequality. * The docket title of this case is: Rathbun, Executor v. United States. 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