At issue is an alleged authorized, but unlawful, removal by the President of a Commissioner of the Federal Trade Commission (FTC)? In his majority opinion, Chief Justice John Roberts wrote that the courts must not rely on Humphrey’s Executor v. United States (1935). This 98‑year‑old precedent protected the independence of agency principals because the Article II constitutional doctrine of a unitary executive power applies to the FTC. And as to the plaintiff's claim that the thesis is just one of several conflicting interpretations," he reiterated precedent stating that the concepts of 'for-cause' and 'due process' have no meaning or application for actions by the President himself. The Court also found that requiring the President to ensure the Integrity of the FTC and of independent regulatory boards, of which it is an example, was a compact enforced by the Constitution, as recognized in Supreme Court jurisprudence.
The federal government has been rocked in a way few Democrats could have foreseen. In the wake of the recent sweeping expansion of the president’s power, the federal bureaucracy has been quietly and systematically dismantled. Though the CBO’s projection that the new law would lead to some four hundred confirmed principal officers being replaced this decade is now wildly out of date, the EAC provides us with a recent and chilling example of how quickly this law will take effect.
Redundancies, hiring freezes, and retirements have been the name of the game since the last elections. The major bipartisan oversight bodies have been stilled, and any principal officer with the same job title globally has been reduced to at-will subordinates. Now, in place of a confirmed senior US official who would have a proven record of incompetence, perfidy, or corruption to step down, a clerk, clerk assistant, junior confidential staffer, senior confidential staffer, director's assistant, or senior legal counsel from the same agency and appointed by a sitting president can instantly replace them.
It does not matter that our elected officials of 2024 are running for office amid a hurricane of redistricting: a grand plan for reeducation has been written to earn them both elections. P.O. acceptance. The Supreme Court decision in Slaughter v. Smith introduced a new era for industry-Federal relations, allowing the new President to dramatically shift the nation's laws on business. Although the January 4 companion ruling in Trump v. Cook found that Federal Reserve governors are anti-involuntary sacrosanct, the extraordinary case law created in Slaughter gives the President unprecedented power over independent executive agencies and commissions. By effectively removing any barriers to presidential control over these commissions, the Supreme Court implicated the executive branch in a dizzying degree of control over the nation's laws, encroaching upon traditionally congressional prerogatives. As a result, industries may find themselves subject to instant and drastic changes in regulation as Presidents change and advance new political agendas. Congress will now have an added responsibility to ensure independence from the annual changing winds of the political specter of the executive branch or effectively cede all power of legislation.
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