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Humphrey's Executor v. United States - Significance, Separation Of Powers Requires That The President's Removal Power Be Limited, Further Readings

court appellant appointed corp


Samuel F. Rathbun, as Executor of the Estate of William E. Humphrey, deceased


United States

Appellant's Claim

That the president cannot remove an appointed commissioner without just cause.

Chief Lawyer for Appellant

William J. Donovan

Chief Lawyers for Appellee

Attorney General Homer S. Cummings, Solicitor General Stanley F. Reed

Justices for the Court

Louis D. Brandeis, Pierce Butler, Benjamin N. Cardozo, Charles Evans Hughes, James Clark McReynolds, Owen Josephus Roberts, Harlan Fiske Stone, George Sutherland (writing for the Court), Willis Van Devanter

Justices Dissenting



Washington, D.C.

Date of Decision

27 May 1935


The Court ruled that the president did not have the power to remove an appointed official without consent from Congress.

Related Cases

  • Myers v. United States, 272 U.S. 52 (1926).
  • A.L.A. Schechter Poultry Corp. v. United States, 295 U.S. 495 (1935).
  • United States v. Curtiss-Wright Export Corp., 299 U.S. 304 (1936).
  • Wiener v. United States, 357 U.S. 349 (1958).
John S. Williams and Clyde Manning Trials: 1921 - Peonage Outlawed, But Flourishes For 50 Years, Murdering The "evidence" Of Peonage, Southern Peonage Draws National Attention [next] [back] Home Building Loan Association v. Blaisdell - Significance, Supreme Court Finds That The Contract Clause Is Not Absolute, Size Of The Supreme Court

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