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In this case, the Supreme Court will consider whether the law that prohibits the president from firing FTC commissioners without cause violates the principle of separation of powers. If the Court strikes down that provision of the law, it will overrule a 90-year precedent established in Humphrey’s Executor v. United States (1935). The president will then be permitted to fire FTC commissioners and potentially leaders of other independent agencies at will.
Each term Street Law selects the most classroom-relevant, student-friendly cases as our SCOTUS in the Classroom cases. Teachers are encouraged to conduct moot courts the same week the case is argued, giving students the opportunity to follow discussion and analysis in the news and listen to or read a transcript of the actual oral arguments.
Does the Federal Trade Commission Act violate the separation of powers between the branches of government? If so, should the precedent set in Humphrey’s Executor v. United States be overruled?
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