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Humphrey’s Executor v. United States

United States Supreme Court

295 U.S. 602 (1935)

Relevant factsFree

President Roosevelt fired FTC Commissioner William Humphrey despite the Federal Trade Commission Act's provision that a commissioner could only be removed for inefficiency, neglect of duty, or wrongdoing; after Humphrey died, his estate's executor (plaintiff) sued the United States (defendant) for back pay, and the government argued the removal restriction was unconstitutional as applied to an executive-branch official. The Court of Claims dismissed the back-pay claim and certified the constitutional question to the Supreme Court.

IssueFree

Whether the president's power to remove an executive branch official is applicable to officials with legislative or judicial functions.

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