William Humphrey was a commissioner of the Federal Trade Commission whose term ended in 1938. President Franklin Roosevelt requested Humphrey’s resignation in 1933 to replace him with a commissioner whose views corresponded with the presidents. When Humphrey refused to resign, President Roosevelt fired him. The Federal Trade Commission Act of 1914 only allowed the president to remove commissioners for inefficiency, neglect of duty, or malfeasance in office. This case originated in the Court of Claims. Issue Did the Federal Trade Commission Act of 1914 conflict with the president’s removal power? Rule The Federal Trade Commission Act of 1914 declared the president could remove the five commissioners he appointed by and with the advice and consent …show more content…
Therefore, Congress’ intent of the Federal Commission Act was to limit the executive power of removal to the causes Congress provided. The president argued Myers gave him the exclusive power of removing executive officers he appointed by and with the consent of the Senate, but the Court argued the position of a postmaster was too unlike the commissioner’s position because a postmaster was an executive official whereas the commissioners dealt with legislative policies. Therefore, Myers could not be used as precedent. The Court also argued the president’s removal authority under the Constitution was not illimitable. Congress had the power to make the commissions independent of executive control and forbid their removal except for cause in the meantime. Also, an independent position could not be expected to maintain an attitude of independence if the president could end their position at any time for any reason. Congress specified in the Federal Trade Commission Act of 1914 the commissioners could only be removed for inefficiency, neglect of duty, or malfeasance in office. The president removed Humphrey for political reasons, not his job performance, which makes the reason the president removed him invalid. Due to the difference of decisions in Myers and Humphrey’s case, the Court decided to make an opinion on future cases of presidential removal of executive officials as they reach the
1. When the Constitution was drafted “Article II, Section 2, clause 2 grants the President the power to ‘appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States [except those whose positions are not otherwise already provided for in the Constitution. And] Congress may by Law vest the Appointment of such inferior Officers…in the President alone” (Presidential Powers). However, the issue of removal powers of the president where not addressed within the Constitution, therefore this issue is one that has been debated. The issue with removal power is if the president is given too much power and many member of Congress opposed this power.
Adams had appointed several justices for the District of Columbia prior to being defeated. The senate had approved the commissions and the commissions signed by the president as well as being affixed with the government's official seal. However, the commissions were not delivered, and when Jefferson took office, he instructed James Madison the Secretary of States not to deliver them. William Marbury who was on the list of appointees petitioned the Supreme Court for a legal order compelling Madison to explain why he was not to receive the commission (Clinton 1994). Issues
Lopez won the U.S. V. Lopez case making it important because in terms of congressional power since it would go against the rights given in article 1 section 8 number 10 that says, “To define and punish…offences against the Law of Nations. Aside from that it would have an effect on interstate commerce, thing that congress regulates as mentioned in article 1 section 8 number 3. Since Lopez won, the laws for the state had to change causing the state to have its own rules and punishments from the ones for the whole U.S. The Lopez case is an implied power due to article 1 and has many cons. The case of Lopez is considered implied power because his case went against the power of congress. In article 1, congress has the power to define and punish
The Constitution clearly grants the Congress the power to declare war in Article I, Section VIII. Article I Section VIII contains the enumerated powers, which is the life line of congressional power. This power is not shared with anyone, including the President. There is no limitation or condition on this power. The Congress can declare war at any time for any reason it wishes.
The Progressive Era is one of the reasons America still stands strong today. It lasted from the 1890’s to the 1920’s and seeked to reform American policies and government. There are 3 main people who have contributed to the Progressive area - Theodore Roosevelt, William Taft, and Woodrow Wilson. These three presidents enforced and introduced laws and regulations that allowed more flexibility and choice for the people, and they are still in use today. If it weren’t for them, America would still be overly ruled by corporations and silenced by the government and our people would be sick.
The Texas Executive The Texas executive branch is where the power to execute the law resides, and where the Governor holds power. Due to Texas’ difficult past with corrupt Governors like E.J. Davis that have gained too much power, our government as a whole decided to put in place a plural executive. A plural executive is when power of the Governor is broken between multiple heads in the government, rather than having that power all rest with one person. Having a plural executive helps to keep the amount of corruption in the Texas executive branch down, by ensuring that one person is not able to gain too much power and thus corrupt the rest of the government by appointing based on friendship.
In the period between 1900 and 1920, the federal government and reformers were very successful in bringing social, economic, and political reform to the federal government. While not every aspect of it was successful, the rights of women, fighting against child labor and limiting the control of trusts and monopolies were three distinct successes of that time. Even before the progressive era, women challenged their place and articulated new visions of social, political and economic equality. The progressive era was a turning point for women as organizations evolved fighting for equal rights. Woman began to become very involved in a variety of reform movements.
As I reflect over the past presidents of the United States, I realize that there have been many triumphs, as well as many trials. These successes and failures have influenced the nation to be the way it is in the present time today. President Taft and President Wilson had many accomplishments and failures that I have recently learned about that caused me to reflect on the history of the United States presidents. Through their accomplishments, as well as failures, there is much to be learned and remembered.
Another problem plagued America around the same time; political patronage. The Pendleton Act partly destroyed this; it was enacted after President Garfield was assassinated by Charles Guiteau, A crazy man who thought he deserved a government job. The Pendleton Act sought to give government jobs based on Merit (Civil Service
William Howard Taft was a member of the Republican Party. His term lasted from 1909-1913. His central ambition regarding reform was to create an orderly framework for administering a reform agenda.
Both Progressive Era reformers and the federal government sought to bring about reform at the national level. Examples of such reforms they wanted to make include: trust-busting, consumer safety, restrictions on child labour, civil rights, and women’s suffrage. Overall, the Progressive Era reformers and the federal government were effective in their efforts from 1900 to 1920, however there were some limitations. During the Gilded Age, and prior, the quality of America was unsatisfactory.
George Washington had many roles throughout his life: planter, army general, statesman, and husband. In the end, however, his time as President of the United States proved to be his most challenging role. Although Washington had little desire to govern the new republic and continuously doubted his ability, he also knew that he was the only person the American people trusted enough to act as their leader. During his time as president, George Washington encountered many challenges, including establishing a new system of government, facing enormous financial debt from the War of Independence, and disagreement about how to proceed with regards to foreign policy and domestic conflicts.
Businesses would also threaten railroads that they would take their businesses elsewhere if they did not receive rebates. A.J. Cassatt, President of Pennsylvania Railroad, wrote letters to Roosevelt, urging him to take action and stop rebates by amending the Interstate Commerce Act of 1887 (an act that was suppose to regulate monopolistic practices, but was not enforced by the government) (Cassatt). Rebates would continue to be given until Roosevelt amended the Interstate Commerce Act in 1902 and passed the Elkins Act in 1903. Roosevelt broke up monopolies and trusts because businesses and people were urging him
Through most of 1897, McKinley pursued an international agreement to include silver and gold as the major European currencies. Negotiations over bimetallism with England, France, Russia, and Italy failed, so William signed the Gold Standard Act; this formally placed U.S. money on gold standard. McKinley called a special session of Congress to increase the tariff. Alcohol taxes brought $114.5 million, tobacco brought $30.7 million, and stamp taxes earned $260,000. William yearned to increase the tariff income in order to reduce internal taxes and encourage the growth of industry and employment.
Shivam Patel APUSH Mr. Mathison 1/10/14 Theodore Roosevelt (1858-1919) is a highly debated American figure. Many critics question his success in his presidency, while others glorify this battle torn American hero. His presidency was spontaneous. He did not know he was going to become the president, but fate worked its grasp around Roosevelt’s future, turning him from a new Vice President into the youngest appointed President in history. His energy inspired some, and turned away others.