humphrey argued may decided may william donovan washington henry bond ralstone irvine washington counsel plaintiff attorney general stanley reed sol washington justice sutherland delivered opinion plaintiff brought suit claims recover sum money alleged due deceased salary federal trade commissioner october president undertook remove office time death february certified two questions act february stat usca respect power president make removal material facts give rise questions follows william humphrey decedent december nominated president hoover succeed member federal trade commission confirmed senate duly commissioned term seven years expiring september taking required oath office entered upon duties july president roosevelt addressed letter commissioner asking resignation ground aims purposes administration respect work commission carried effectively personnel selection disclaiming reflection upon commissioner personally upon services commissioner replied asking time sult friends correspondence upon subject president august wrote commissioner expressing hope resignation forthcoming saying know realize feel mind mind go along together either policies administering federal trade commission frankly think best people country full confidence commissioner declined resign october president wrote date hereby removed office commissioner federal trade commission humphrey never acquiesced action continued thereafter insist still member commission entitled perform duties receive compensation provided law rate per annum upon facts set forth certificate deem unnecessary recite following questions certified provisions section federal trade commission act stating commissioner may removed president inefficiency neglect duty malfeasance office restrict limit power president remove commissioner except upon one causes named foregoing question answered affirmative power president remove commissioner restricted limited shown foregoing interrogatory answer made thereto restriction limitation valid constitution federal trade commission act stat usca creates commission five members appointed president advice consent senate section provides three commissioners shall members political party first commissioners appointed shall continue office terms three four five six seven years respectively date taking effect act september term designated president successors shall appointed terms seven years except person chosen fill vacancy shall appointed unexpired term commissioner shall succeed commission shall choose chairman membership commissioner shall engage business vocation employment commissioner may removed president inefficiency neglect duty malfeasance office section act usca part provides methods competition commerce declared unlawful commission empowered directed prevent persons partnerships corporations except banks common carriers subject acts regulate commerce using unfair methods competition commerce exercising power commission must issue complaint stating charges giving notice hearing upon day fixed person partnership corporation proceeded given right appear time place fixed show cause order cease desist issued provision intervention others interested commission finds method competition one prohibited act directed make report writing stating findings facts issue cause served cease desist order order disobeyed commission may apply appropriate circuit appeals enforcement party subject order may seek obtain review circuit appeals manner provided act section usca among things gives commission wide powers investigation respect certain corporations subject act respect matters upon must report congress recommendations many investigations made served basis congressional legislation section usca provides suit equity brought direction attorney general provided antitrust acts may upon conclusion testimony therein shall opinion complainant entitled relief refer said suit commission master chancery ascertain report appropriate form decree therein commission shall proceed upon notice parties rules procedure may prescribe upon coming report exceptions may filed proceedings relation thereto upon report master equity causes may adopt reject report whole part enter decree nature case may judgment require first question first considered whether provisions section federal trade commission act already quoted president power limited removal specific causes enumerated therein negative contention government based principally upon decision shurtleff case involved power president remove general appraiser merchandise appointed act june stat section act provided appointment president advice sent senate nine general appraisers merchandise removed office time president inefficiency neglect duty malfeasance office president removed shurtleff without assigning cause therefor claims dismissed plaintiff petition recover salary upholding president power remove causes stated shurtleff relied upon maxim expressio unius est exclusio alterius held rule expressed maxim proper one founded upon justifiable reasoning many instances accorded controlling weight involve alteration universal practice government century consequent curtailment powers executive unusual manner meant expression appears reading opinion opinion saying term office fixed act exception judicial officers provided constitution civil officer ever held office life tenure since foundation government points construe statute contended shurtleff give appraiser right hold office life found guilty act specified statute result complete revolution respect general tenure office effected implication regard particular office think quite inadmissible said pages attribute intention part congress make extraordinary change usual rule governing tenure office one applied particular office without stating intention plain explicit language instead leaving implied doubtful inferences bring belief congress ever intended result omitting use language put intention beyond doubt circumstances led reject maxim inapplicable exceptional face unbroken precedent life tenure except case judiciary conclusion congress intended among civil officers appraisers alone selected hold office life extreme forbid opinion ruling produce result reasonably avoided situation presented plainly wholly different statute fixes term office accordance many precedents first commissioners appointed continue office terms three four five six seven years respectively successors appointed terms seven commissioner subject removal president inefficiency neglect duty malfeasance office words act definite unambiguous government says phrase office legal significance moreover applies first commissioners think significance may literally application restricted suggested nevertheless lends support view contrary government meaning entire requirement respect tenure easy suppose congress intended secure first commissioners removal except causes specified deny like security successors putting phrase aside however fixing definite term subject removal cause unless countervailing provision circumstance indicating contrary unable find enough establish legislative intent term curtailed absence cause intention congress removal made specified term except one enumerated causes clear upon face statute think made clear consideration character commission legislative history accompanied preceded passage act commission nonpartisan must nature duties act entire impartiality charged enforcement policy except policy law duties neither political executive predominantly quasi judicial quasi legislative like interstate commerce commission members called upon exercise trained judgment body experts law informed experience illinois cent inter com standard oil legislative reports houses congress clearly reflect view fixed term necessary effective fair administration law report senate pp senate committee interstate commerce support bill afterwards became act question referring provision fixing term office seven years arranged membership subject complete change one time said work commission exacting difficult character demanding persons experience problems proper knowledge public requirements practical affairs industry manifestly desirable terms commissioners shall long enough give opportunity acquire expertness dealing special questions concerning industry comes experience report declares one advantage commission possessed bureau corporations executive subdivision department commerce abolished act lay fact independence essential commission open suspicion partisan direction report quotes statement committee senator newlands reported bill tribunal high character department government board commission dignity permanence ability independent executive authority except selection independent character debates houses demonstrate prevailing view commission anybody government people free domination control possibility thing apart existing department subject orders president effect appears debates long thorough contain nothing contrary general rule precludes use debates explain meaning words statute may considered reflecting light upon general purposes evils sought remedy federal trade commission raladam thus language act legislative reports general purposes legislation reflected debates combine demonstrate congressional intent create body experts shall gain experience length service body shall independent executive authority except selection free exercise judgment without leave hindrance official department government accomplishment purposes clear congress opinion length certainty tenure vitally contribute hold nevertheless members commission continue office mere president might thwart large measure ends congress sought realize definitely fixing term office conclude intent act limit executive power removal causes enumerated existence none claimed pass second question second support contention removal provision section construed unconstitutional interference executive power president government chief reliance myers case recently decided prevailing dissenting opinions fully review general subject power executive removal discussion add little value wealth material collected opinions examine length historical legislative judicial data bearing upon question beginning called decision first congress coming almost day opinions delivered occupy pages volume printed nevertheless narrow point actually decided president power remove postmaster first class without advice consent senate required act congress course opinion expressions occur tend sustain government contention beyond point involved therefore come within rule stare decisis far harmony views set forth expressions disapproved like situation presented case cohens virginia wheat respect certain general expressions opinion marbury madison cranch chief justice marshall delivered opinion marbury case speaking cohens case said maxim disregarded general expressions every opinion taken connection case expressions used go beyond case may respected control judgment subsequent suit point presented decision reason maxim obvious question actually investigated care considered full extent principles may serve illustrate considered relation case decided possible bearing cases seldom completely investigated added general expressions case marbury madison understood limitations put upon opinion cohens case see also carroll lessee carroll et office postmaster essentially unlike office involved decision myers case accepted controlling decision postmaster executive officer restricted performance executive functions charged duty related either legislative judicial power actual decision myers case finds support theory officer merely one units executive department hence inherently subject exclusive illimitable power removal chief executive whose subordinate aid putting aside dicta may followed sufficiently persuasive controlling necessary reach decision goes far enough include purely executive officers goes farther much less include officer occupies place executive department exercises part executive power vested constitution president federal trade commission administrative body created congress carry effect legislative policies embodied statute accordance legislative standard therein prescribed perform specified duties legislative judicial aid body proper sense characterized arm eye executive duties performed without executive leave contemplation statute must free executive control administering provisions statute respect methods competition say filling administering details embodied general standard commission acts part quasi legislatively part quasi judicially making investigations reports thereon information congress section aid legislative power acts legislative agency section authorizes commission act master chancery rules prescribed acts agency judiciary extent exercises executive function distinguished executive power constitutional sense discharge effectuation quasi legislative quasi judicial powers agency legislative judicial departments government congress without authority prescribe causes removal members trade commission limit executive power removal accordingly power becomes practically respect civil officers exception judiciary provided constitution solicitor general bar apparently recognizing true commendable candor agreed view respect removability members federal trade commission necessitated like view respect interstate commerce commission claims thus confronted serious question whether members quasi legislative quasi judicial bodies judges legislative claims exercising judicial power williams continue office pleasure president think plain constitution illimitable power removal possessed president respect officers character named authority congress creating quasi legislative quasi judicial agencies require act discharge duties independently executive control well doubted authority includes appropriate incident power fix period shall continue forbid removal except cause meantime quite evident one holds office pleasure another depended upon maintain attitude independence latter fundamental necessity maintaining three general departments government entirely free control coercive influence direct indirect either others often stressed hardly open serious question much implied fact separation powers departments constitution rule recognizes essential coequality sound application principle makes one master house precludes imposing control house another master james wilson one framers constitution former justice said independence department required proceedings free remotest influence direct indirect either two powers andrews works james wilson vol justice story first volume work constitution ed citing federalist said neither departments reference possess directly indirectly overruling influence administration respective powers see supra pages power removal claimed president falls within principle since coercive influence threatens independence commission wholly disconnected executive department already fully appears created congress means carrying operation legislative judicial powers agency legislative judicial departments light question consideration examined precedents referred myers case find nothing justify conclusion contrary reached relation bill proposed madison establish executive department foreign affairs bill provided principal officer removable office president clause changed read principal officer shall removed office president certain things follow thereby connection debates recognizing confirming thought myers case sole power president matter shall discuss subject since fully covered opinions myers case except say office consideration congress purely executive officer one responsible president alone definite sense reading debates shows president illimitable power removal considered respect executive officers pertinent observe later time tenure office comptroller treasury consideration madison quite evidently thought since duties office purely executive nature partook judiciary quality well different rule respect executive removal might well apply annals congress cols marbury madison supra cranch pages made clear chief justice marshall opinion justice peace district columbia removable president distinction officer officers appointed aid president performance constitutional duties latter case distinction saw acts acts therefore controls way illustration adverted act establishing department foreign affairs subject result said whether power president remove officer shall prevail authority congress condition power fixing definite term precluding removal except cause depend upon character office myers decision affirming power president alone make removal confined purely executive officers officers kind consideration hold removal made prescribed term officer appointed except one causes named applicable statute extent decision myers case sustains unrestrictable power president remove purely executive officers present decision power extend office involved shall remain field doubt leave cases may fall within future consideration determination may arise accordance foregoing questions submitted answered question yes question yes justice mcreynolds agrees questions answered affirmative separate opinion myers page page views concerning power president remove appointees footnotes provision section act usca authorizes president direct investigation report commission relation alleged violations acts obviously collateral main design act detract force general statement character body