TOTM
The Modern FTC and Distinguishing Humphrey’s Executor
Truth on the Market
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President Donald Trump is off to a fast start in his second term in the White House. Along with a bevy of other consequential actions, the president has called into question the constitutionality of the Federal Trade Commission’s (FTC) independence. At first blush, the U.S. Supreme Court’s 1935 decision in Humphrey’s Executor v. United States would seem to prevent the president from removing FTC commissioners without cause. But that is incorrect.