supreme Court Poised to Expand Presidential Power, Challenging Self-reliant Agencies
WASHINGTON – The supreme Court appears likely to substantially expand presidential authority by perhaps overturning decades of precedent and granting President Trump greater power to remove leaders of independent federal agencies and commissions.The case, Trump v. Slaughter, currently before the court, represents a essential clash between congressional authority to structure the goverment and the president’s asserted “executive power.”
At the heart of the dispute is the question of whether President Trump can remove Rebecca Slaughter, a Democratic appointee to the Federal Trade commission (FTC). A ruling in Trump’s favor would signal a historic shift in the balance of power within the federal government, moving away from non-partisan expertise and towards increased presidential control.
During oral arguments, Trump’s Solicitor General, D. John Sauer, directly urged the court to overturn the 1935 case Humphrey’s Executor v. U.S., which previously upheld the constitutionality of independent agencies. Sauer argued the original decision “was grievously wrong when decided” and should be overruled.
The court’s three liberal justices voiced strong opposition, characterizing a potential ruling for Trump as a “radical change” to American governance. They warned that such a decision could undermine longstanding civil service protections and concentrate “massive, uncontrolled and unchecked power” in the hands of the president.
However, the six conservative justices expressed concerns that independent agencies were exercising “executive power” rightfully belonging to the president. While the scope of a potential ruling remains unclear – whether it will apply broadly to all independent agencies or be limited to the FTC and similar commissions – the implications are far-reaching.
A History of Independent Agencies
for much of American history, Congress has established independent boards and commissions to address specific national needs, staffed by experts appointed to fixed terms. These agencies were designed to operate outside of direct political influence, ensuring decisions were based on expertise and not subject to short-term political pressures.
Notable examples include:
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