The Supreme Court just ended Humphrey’s Executor, and it’s potentially a huge deal.
SCOTUS ruled 6-3 to end a precedent that the president set in Humphrey’s Executor v. United States from 1935.
Therefore, Trump had the authority to fire FTC Commissioner Rebecca Slaughter.
Humphrey’s held that “The Federal Trade Commission Act fixes the terms of the Commissioners and provides that any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office.”
“Humphrey’s framework has not withstood the test of time,” wrote the majority. “From the start, Humphrey’s was tethered to a highly circumscribed view of the FTC’s role. Humphrey’s by its terms applied only to agencies that occupy ‘no place in the executive department,’ are ‘independent of executive authority,’ and exercise ‘no part of the executive power.’”
I’m glad that SCOTUS pointed out that independent agencies are not independent:
Slaughter relies on reliance. She argues that Congress has relied upon Humphrey’s to create agencies that are “insulated from presidential control.” Brief for Respondent 15. But that is precisely the problem. Despite what Humphrey’s may say, independent agencies are not “independent” in the sense that they are free of the President and thus responsive “only to the people of the United States.” 295 U. S., at 625. Placing the power to administer laws in officers who enjoy “freedom from Presidential oversight (and protection)” does not deliver us to a promised land of technocratic governance—it often results only in an “increased subservience to congressional direction.” FCC v. Fox Television Stations, Inc., 556 U. S. 502, 523 (plurality opinion). Pp. 21–25.
The FTC falls under the authority of the executive branch. It is only “independent” because a cabinet secretary does not oversee the agency.
So where does the FTC fall? The majority explained (emphasis mine):
With these principles in mind, the FTC’s for-cause removal provision violates the separation of powers. In its present form, the FTC enforces and administers some 80 statutes covering almost every facet of the Nation’s economy, and the tasks it undertakes are “the very essence of ‘execution’ of the law.” Bowsher v. Synar, 478 U. S. 714, 733. The FTC has the power to promulgate substantive rules carrying the force of law, investigate businesses and enforce statutes through inhouse adjudications, and file civil suits on behalf of the United States in federal court. The FTC unquestionably exercises executive power and must therefore be controlled by the Chief Executive. Pp. 25–27.
“All the Court does today is recognize what has been clear for a century—that those who fall within the President’s ‘general administrative control’ must be removable by the President at will,” the majority wrote.
From the conclusion of the decision:
To “discharg[e] the duties of his trust,” the President must have the assistance of officers he can trust. 30 Writings of George Washington, at 334. Although it is up to the Senate to decide whether to confirm those with whom the President would prefer to work, neither Congress nor the courts may saddle him with those with whom he cannot work. Subordinates who exercise the President’s power are subject to removal by him. Then, and only then, can they remain accountable to the President, and the President to the people.
Those unelected bureaucrats who consider themselves part of the #resistance to Trump? That’s the Deep State (or at least a part of it).
Now President Trump has a Supreme Court-approved tool to clear out the deadwood holding back reforms. Every agency head resisting Trump’s policies should be sacked and replaced with someone loyal to the Constitution rather than the Democrat Party. (I couldn’t tell you how many that still applies to, but there are a lot of ostensibly “independent” agencies that exercise executive branch powers.) All of them should have Trump-appointed heads, and all should undergo DOGE audits to determine how money was spent under previous regime, and charging those who have abused taxpayer money.
Pink slip by pink slip, progress is made.
Tags: Budget, bureaucrats, Department of Government Efficiency (DOGE), Federal Trade Comission, Humphrey's Executor, Legal Insurrection, Rebecca Slaughter, Supreme Court, Trump v. Slaughter
“[T]he tasks [FTC] undertakes are ‘the very essence of “execution” of the law.'”
Under the Humphrey’s decision, FTC functions as a Shadow President, having executive powers but enjoying immunity from impeachment!?
Humphrey’s Executor is one of several malignant court decisions handed down during the Great Depression, Wickard v. Filburn being yet another. Fascism was embraced by the Roosevelt administration as the future of economic life in these United States (see also National Industrial Recovery Act of 1933, which was struck down) and we still suffer from this legal legacy.
The Deep State is not dead but this decision represents a significant diminution of its control.
Note that John Roberts simultaneously prevented President Trump from removing Federal Reserve Board member Lisa Cook for moral turpitude.
SCOTUS is playing deceitful political games to keep the Democrats from attacking the Court if and when they resume control of the U.S. government. The Constitution and laws mean nothing to John Roberts.
“Note that John Roberts simultaneously prevented President Trump from removing Federal Reserve Board member Lisa Cook for moral turpitude.”
Note that the Federal Reserve is not a government agency. It operates nominally as a private corporation with a perpetual charter, which can only be abolished by Congress.
It’s Chairman is nominated by the President but unlike a Cabinet official, cannot be removed by the President.The FED elects its own officers, who presumably may also be removed by them for moral turpitude. Since I have never yet met a banker who can afford to have a set of scruples, this eventually seems to be highly unlikely.
So, if the Federal Reserve board are not political appointees, then inflation policy is the product of a private-sector cartel. That would make all mentions in the law of the dollar as the unit of account (notably, the $10,000 reporting threshold) violate non-delegation. Certainly when not indexed to inflation.
All Federal Reserve Board members are appointed by the President of the United States and confirmed by the Senate for staggered 14-year terms. The federal government sets the salaries of the board’s seven governors, and it receives all the FRS’ annual profits.
The FRA of 1913 requires that all nationally chartered banks be members of the FRS and purchase specified non-transferable stock in their regional Federal Reserve bank.
The Federal Reserve is not quasi-legislative or quasi-judicial. It is an agency of the federal government. It is the very definition of an instrumentality of the federal government.
Yes @M. Rad., that’s why they call it “The Beast From Jekyll Island”.
“[I]nflation policy is the product of a private-sector cartel.”
In the sense that “inflation” is an expansion of the money supply, the FED is an accomplice to deficit spending by Congress. The US Treasury has to borrow money to make up for the shortfall and the FED prints money to buy US Treasuries
The FED issues Treasury an IOU for its bonds and Treasury promises to pay back the loan from future tax revenue. In short, an IOU is exchanged for an IOU. Clearly, this will end badly.
“The Federal Reserve is not quasi-legislative or quasi-judicial. It is an agency of the federal government. It is the very definition of an instrumentality of the federal government.”
Clearly, the FED is s accorded a large measure of independence.
Federal Bank of St. Louis: “The president of each Federal Reserve Bank is chosen by a local board of directors, but the selection must be approved by the Board of Governors.”
[I]inflation policy is the product of a private-sector cartel.
Inarguably, the FED is a cartel, holding a monopoly on the printing of money. If it cannot be abolished, its ability to purchase new assets should be.It would bring an end to inflation
“Clearly, the FED is s accorded a large measure of independence.
Federal Bank of St. Louis: “The president of each Federal Reserve Bank is chosen by a local board of directors, but the selection must be approved by the Board of Governors.”
Horsecrap. The U.S. Constitution recognizes only three branches of federal government: the legislative branch (Congress), the executive branch (headed by the President), and the judicial branch (the Supreme Court and other federal courts).
The Supreme Court ruled 6-3 in Trump v. Slaughter that President Trump did have the authority to fire ‘independent’ Federal Trade Commission Commissioner Rebecca Slaughter. They very specifically point out the executive agency of the FTC. SCOTUS ruled that the Constitution gives the President authority over all executive agencies, full stop. The Humphrey’s hogwash about “quasi-legislative” and “quasi-judicial” agency is rejected for good and all.
But in almost the same breath, the SCOTUSW politicians ruled 5-4, that Lisa Cook can continue challenge her dismissal by Trump. Roberts is a political whore, nit a judge.
>> Every agency head resisting Trump’s policies should be sacked and replaced with someone loyal to the Constitution rather than the Democrat Party.
This does not go nearly far enough down the organizational chart. Personnel is policy and government agencies are 90% Democrats. Every agency head and first-level director should have been replaced within the first week. Every department head should have been replaced within the first month. Line employees should have been give the “get with the plan or get out” speech within the first quarter.
Further, the “loyalty to the Constitution” test is not sufficiently specific. These employees are in the Executive branch, authority over which is assigned by the Constitution to the elected President. They need to take an oath to abide by and enforce all legal policies and priorities of the President. If they won’t take that oath they need to exit.