Supreme Court overrules Humphrey's Executor, strengthens presidential removal power over FTC commissioners
Summary
The Supreme Court ruled 6-3 to overrule Humphrey's Executor v. United States (1935), striking down statutory restrictions on the President's ability to remove FTC commissioners as a violation of separation-of-powers principles. The Competitive Enterprise Institute (CEI) provides expert analysis celebrating the decision as a restoration of executive accountability over officers exercising executive power. CEI President Kent Lassman praises the ruling as a constitutional correction of a previous era's error.
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Key quotes
· 2 pulledThe great genius of the Constitution is the separation of powers. Its greatest virtue is the ability to fix the errors of a previous era.
Today, in a 6–3 decision, the Supreme Court held that statutory restrictions on the President's authority to remove Federal Trade Commission commissioners violate separation-of-powers principles.
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