CONSTITUTIONAL LAW-PRESIDENTS POWER TO REMOVE FEDERAL OFFICERS

Authors

Abstract

The Federal Trade Commission Act provided that, "Any commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office." The President, in removing a commissioner who had been appointed with the consent of the Senate for a seven-year term, disclaimed any reflection upon the commissioner personally or upon his services, but stated that the removal was made because " . . . I do not feel that your mind and my mind go along together on either the policies or the administering of the Federal Trade Commission, and, frankly, I think it best for the people of this country that I should have a full confidence." Held, that the Act limited the power of the President to remove a commissioner to the causes named; and that such a restriction on the power of the President to remove a commissioner is valid under the Constitution of the United States. Rathbun v. United States, (U. S. 1935) 55 Sup. Ct. 869.

Recommended Citation

CONSTITUTIONAL LAW-PRESIDENTS POWER TO REMOVE FEDERAL OFFICERS, 33 Mich. L. Rev. 1256 (1935).
Available at: https://repository.law.umich.edu/mlr/vol33/iss8/16