If the order is disobeyed, the commission may apply to the appropriate circuit court of. It goes no farther; much less does it include an officer who occupies no place in the executive department, and who exercises no part of the executive power vested by the Constitution in the President. Recent. . [Argument of Counsel from pages 602-604 intentionally omitted] Page 604. Drawing on earlier decisions in Standard Oil Co. v. United States and Illinois Central Railroad Co. v. Interstate Commerce Commission, Justice Sutherland outlined a vision of administrative agencies as independent, nonpartisan entities. That opinion -- after saying that no term of office was fixed by the act and that, with the exception of judicial officers provided for by the Constitution, no civil officer had ever held office by life tenure since the foundation of the government -- points out that to construe the statute as contended for by Shurtleff would give the appraiser the right to hold office during his life or until found guilty of some act specified in the statute, the result of which would be a complete revolution in respect of the general tenure of office, effected by implication with regard to that particular office only. L. AW . Other principles which may serve to illustrate it are considered in their relation to the case decided, but their possible bearing on all other cases is seldom completely investigated.". HUMPHREY'S EXECUTOR V. UNITED STATES,HUMPHREY'S EXECUTOR V. UNITED STATES, 295 U.S. 602 (1935), restricted the president's power to remove members of the so-called independent agencies. The authority of Congress, in creating quasi-legislative or quasi-judicial agencies, to require them to act in discharge of their duties independently of executive control cannot well be doubted, and that authority includes, as an appropriate incident, power to fix the period during which they shall continue in office, and to forbid their removal except for cause in the meantime. Many such investigations have been made, and some have served as the basis of congressional legislation. §§ 41, 42, creates a commission of five. Humphrey's Executor v. United States , 295 U.S. 602 (1935), was a United States Supreme Court case decided during the Franklin Delano Roosevelt presidency, regarding the powers that a President of the United States has to remove certain executive officials of a "quasi-legislative," "quasi-judicial" administrative body created by Congress, for purely political reasons and without the consent of … The first commissioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from the date of the taking effect of this Act, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the commissioner whom he shall succeed. Members were to serve terms of seven years and "Any commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office," a clause which became one of the main points of contention in this case. The Myers case dealt with the removal of a postmaster, an executive officer restricted to executive functions aid charged with no duty at all related to either the legislative or the judicial power. Humphrey's Executor v. United States. Next Case: U.S. v. Butler (1936) Previous Case: Gold Clause Cases (1935) Comments. 717; 15 U.S.C. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT . No. 19-7 seila law llc, petitioner v. consumer financial protection bureau on petition for a writ of certiorari to the united states court of … Syllabus . C. HIEF . Putting aside dicta, which may be followed if sufficiently persuasive but which are not controlling, the necessary reach of the decision goes far enough to include. 289 U. S. 530-531. 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