LAW 615 Lecture Notes - Lecture 11: Federal Trade Commission Act Of 1914, President Of The United States
30 May 2020
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Humphrey"s executor v. united states (1935) p. 75, rule: the president"s power to remove an executive branch official is not applicable to officials with legislative or judicial functions, facts: president roosevelt fired humphrey, a commissioner of the ftc. The ftc act stated that a commissioner could only be removed for being inefficient, neglecting duties, or wrongdoing: reasoning (sutherland): myers is different because a postmaster is a position restricted to the performance of executive functions. An ftc commissioner"s functions are not exclusively executive. The ftc carries into effect legal policies found in the statute that congress enacted, subject to the legislative standards established therein both legislative and judicial. Presidential removal power exerts coercive influence over the ftc which threatens its independence and would be at odds with the separation of powers doctrine: summary, ftc performs enforcement, quasi-legislative, and quasi-judicial functions. If it exceeded this amount, the comptroller general would recommend mandatory budget cuts to be executed by the.
