CASE
SUMMARY
NCLA is disturbed by Congress’s flouting of the Constitution’s Separation of Powers by infringing the President’s absolute authority to remove Commissioners of the Federal Trade Commission. By limiting the President’s authority to remove Commissioners solely “for inefficiency, neglect of duty, or malfeasance in office,” Congress improperly and unconstitutionally compels the President to act contrary to his judgment to “take Care that the Laws be faithfully executed.” This unconstitutional usurpation of the executive power, which Article II mandatorily vests in the President alone, not only violates the Separation of Powers but also ruptures our representative form of government. It does so by infringing Americans’ right to elect the Executive whose exercise of executive power remains accountable to the people.