If Monday’s Supreme Court argument is any indication, the days of “independent” agencies acting as a fourth branch of government are numbered.
In Trump v. Slaughter, a solid majority of the justices seemed ready to confirm what the Constitution already implies: If an official is exercising executive power, the elected president has to be able to say, “You’re fired.”
The case arises from President Trump’s decision months ago to remove Federal Trade Commission member Rebecca Slaughter, a Democrat he had first appointed (under the statutory requirements for partisan balance) and President Joe Biden later renominated.
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Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute.
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