Independent Agencies

Question 1

removal power established by

Answer 1

• constitution address appointments but NOT removal power
• Myers 1789
• Myers 1926
• Humphreys Executor 1935
• Seila Law LLC v. CFPB 2020

Question 2

cases on presidential removal power

Answer 2

Myers 1789 = unlimited pres removal pwr
Humphreys 1935 = (FTC). congress can restrict presidential removal power for agencies that don’t directly involve exercise of executive power
Seila = CFB director serving 5y term where statute tracked language from Humphreys to insulate the director by removal via “inefficiency, neglect of office or malfeasance”

Question 3

exceptions to the “unlimited” removal power

Answer 3

1. multi-member expert agency (Humphreys)

2. inferior offices (those that can’t make policy)

Question 4

examples of multi-member board

Answer 4

ex: National Labor Relations Board (NLRB)
5 members serve 5-year staggered terms
can’t be removed by president except for cause
ex: USPS Board of Governors 11 members with 2y terms

Question 5

using structure to protect independent agencies from the president

Answer 5

1. multi member board w/staggered terms
2. requirements/specifications for service
3. “removed only for cause”

Question 6

structure of independent agencies to give independence

Answer 6

1. multi-member board where appointments are staggered over time (1st exception in Seila v. CFPB)
2. requirements for service where agency established and members/directors required to have certain expertise and demographics to constrain the ability of the president to appoint someone to the position (ex: 1916 major rank, 45-50y, 10y Sup. Ct., proficient spanish language . . . basically 1 person fit that description).
   3.

Question 7

are agencies protected from congress?

Answer 7

not really . . . power to create and destroy

Question 8

ways Congress check/destroy agencies

Answer 8

1. abolish agency
2. tweak law
3. earmark money
4. oversight via congressional committee