Supreme Court allows Trump to say ‘you’re fired’ to meddling bureaucrats
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Supreme Court allows Trump to say ‘you’re fired’ to meddling bureaucrats
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On Monday, Donald Trump sealed one of the most lasting parts of his legacy. In Trump v. Slaughter, the Court reaffirmed and reinforced the authority of presidents to determine who will carry out the functions of the Executive Branch. In so doing, the Court overruled one of the long-standing limits of presidential power in Humphrey’s Executor v. United States.
Humphrey’s Executor is hardly a household name. Yet the demise of the 1935 case represents a seismic shift in the balance of power within our constitutional system.
In this case, the court decided that President Trump had the right to fire Rebecca Slaughter, a commissioner of the Federal Trade Commission.
For decades, scholars and jurists have questioned where the Court found the authority for Congress to create a hybrid creature like the FTC — part legislative and part executive, with officials protected from removal by a president.
Various presidents have chafed at this limiting doctrine. But Trump pushed aggressively against the precedent and appointed three justices who would prove critical in ending Humphrey’s Executor after more than 90 years.
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In a separate case, Trump v. Cook, the........
