HUMPHREY'S EXECUTOR V. UNITED STATES
295 U.S. 602 (1935)
NATURE OF THE CASE: This was a dispute over the removal of a Federal Trade Commissioner.
FACTS: The Federal Trade Commission was created in 1914 to enforce certain provisions of
antitrust law concurrently with the Justice Department. In the early years, the Commission
brought few major cases and President F.D. Roosevelt believed that his predecessors had
deliberately appointed commissioners who did not believe in the legislative purpose of the
FTC. He sought to remove Commissioner Humphrey (P). P's commission was to be for seven years
and P was appointed by President Hoover. Five years before the expiration of his commission,
P got a letter from President Roosevelt asking for his resignation. P declined to resign and
the President removed him from office. P sued for back pay and the government relied upon
the Myers decision.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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