In 1935, the Supreme Court decided a landmark case which established that the dismissal of a federal commissioner by the President on policy grounds was unjustified. Gregory Jacob explains the case of Humphrey's Executor v. United States and how its application affects our interpretation of the power and role of the executive branch.

As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speaker.

Learn more about Gregory Jacob:
https://www.omm.com/professionals/gregory-f-jacob/

 

Differing views:

We Need Special Court Procedure for the Removal of Special Counsels
https://www.lawfareblog.com/we-need-special-court-procedure-removal-special-counsels

Debunking Humphrey’s Executor
https://www.gwlr.org/debunking-humphreys-executor/

Would a Justice Kavanaugh Overturn Humphrey’s Executor and Declare Independent Agencies Unconstitutional?
http://yalejreg.com/nc/would-a-justice-kavanaugh-overturn-humphreys-executor-and-declare-independent-agencies-unconstitutional/

Humphrey’s Executor Squared: Free Enterprise Fund v. Public Company Accounting Oversight Board and its Implications for Administrative Law Judges
https://digitalcommons.pepperdine.edu/naalj/vol37/iss2/3/