Humphrey's Executor v. United States

295 U.S. 602 (1935)

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Nature of the Case

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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.