Executive Officer - Administrative Law

Administrative Law

While there is no clear line between executive or principal and inferior officers, principal officers are high-level officials in the executive branch of U.S. government such as department heads of independent agencies. In Humphrey's Executor v. United States, 295 U.S. 602 (1935), the Court distinguished between executive officers and quasi-legislative or quasi-judicial officers by stating that the former serve at the pleasure of the president and may be removed at his discretion. The latter may be removed only with procedures consistent with statutory conditions enacted by Congress. The decision by the Court was that the Federal Trade Commission was a quasi-legislative body because of other powers it had, and therefore the president could not fire an FTC member for political reasons. Congress can’t retain removal power over officials with executive function (Bowsher v. Synar). However, statutes can restrict removal if not purely executive (Humphrey’s executor), but can't restrict removal of purely executive officer (Myers v. United States, 272 U.S. 52 (1926)). The standard is whether restriction "impedes the president’s ability to perform his constitutional duty" (Morrison v. Olson, 487 U.S. 654 (1988)).