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Posted on 12/08/2025 11:02:54 AM PST by CaptainK
The Supreme Court on Monday appeared poised to side with President Donald Trump and allow him to fire a member of the Federal Trade Commission without cause, a provocative move aimed at upending the long-standing concept of independent federal agencies.
In a significant case on the structure of the federal government, the conservative-majority court heard oral arguments on whether Trump had the authority to fire Rebecca Kelly Slaughter notwithstanding a law enacted by Congress to insulate the agency from political pressures.
The 1914 law that set up the FTC says members can be removed only for “inefficiency, neglect of duty, or malfeasance in office.”
The court, which has a 6-3 conservative majority, has already signaled, with strong opposition from the three liberal justices, that Trump is likely to win the case by allowing Slaughter, a Democrat, to be removed from office while the litigation continues.
A ruling in Trump's favor would have broad repercussions, not just for the FTC but also for a host of other federal agencies set up by Congress with similar removal restrictions, by giving presidents greater authority over them.
In addition to permitting Trump to fire Slaughter, the Supreme Court also allowed firings at some of the other affected agencies, further signaling that the majority favors Trump’s position.
There was little sign during Monday's oral argument that the conservative majority would change its course, although some justices suggested some limitations on the president's removal powers, especially as it relates to the Federal Reserve, which is the subject of separate litigation. The liberal justices remained united against the government's arguments.
In ruling for Trump, the court could overturn a 1935 Supreme Court ruling called Humphrey’s Executor v. United States, which upheld those restrictions on the president’s power to fire FTC members.
(Excerpt) Read more at nbcnews.com ...
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All of these Trump wins do indeed give him more agility in office. Keep in mind that they also give a future Dem president broad powers.
That’s why elections matter.
Almost.
There is an overlooked court ruling that will also have to be overturned in order to complete the upend.
In J. W. Hampton, Jr. & Co. v. United States(1928) the Supreme Court dictated that Congress can create these independent agencies as long as there exists some “intelligible principle” for doing so.
Constitutionally, there never is and never will be any “intelligible principle” that Congress should abdicate its authority and give it to the executive.
J.W. Hampton is the source of the idea that Congress can delegate.
Wait a second, I thought Max Weber was wrong?(incorrect)
I mean as you state it yes in regards to answerability Shady is spot on. But in terms of Max Weber, didn’t Weber favor totalitarianism?
In other words, didn’t Weber believe that all functions should go to the chief government officer because Weber WANTED maximal government putting its boot on people’s neck? Didn’t Weber favor pretty much gutting any existing legislative branch in favor of total centralized (communist/fascist) government?
I would be curious to see direct specific quotes larger than a half a paragraph.
I have never seen anybody associate Max Weber with small limited government.
Exactly. Herbert Croly and Woodrow Wilson are alive and well and with us in 2025. This was one of the core principles of progressivism and remains so to this day.
Despite what historians want us to think with their jedi hand swipes, we have not gotten past progressive ideology - the so-called belief in the independent federal agency is just one aspect of that rock-solid proof of living Wilsonianism.
I get it. But that’s like saying “Trump now has a 95% chance to win” on election night 2020 at 12:00. It ain’t over til the Supes actually vote.
MY TAKE:
A)3 solid conservatives
Thomas, Alito, and Gorsuch
B)3 wild cards
Roberts, ACB, and Kavanaugh
C)3 wackos
Sotomayor, Jackson, and Kagan
Group A read the C faithfully.
Group B tends to drink more with Group A than C. The younger ones are aware of the potential personal risks associated with their decisions and are affected by this.
Group C calls the DNC for advice.
Don’t forget Miers was his first choice before Alito. She was more of a RINO than Roberts.
Every time I hear the term “independent agency,”it’s like a pencil rammed in my ear. That’s a constitutional abomination
An agency with public not judicial executory authority is a an executive agency. All such powers are vested in the presidency. Seem pretty simple. The Constitution is not nuanced here.
exactly, there is no where in the constitution that allows for “independant agencies” not answerable to US citizens!
He did a major article on bureaucracy, over and above his own political aspiration. That article describes to a tee the hideousness of an uncontrolled bureaucratic state..
Those civil servants who accept appointment to the federal Senior Executive Service, accept that appointment level, with the understanding that they have no retention rights, or recourse, and therefore can be fired at the whim of whomever is the head of the organization in which they serve.
Isn't that even more of an oxymoron than unbiased public radio and television?
“upending the long-standing concept of UNCONSTITUTIONAL independent federal agencies”
____________________________________________________________
Remember that when a Democrat president takes office - and there will be another Democrat president - she or he will systematically fire all Republican appointees in the Military and government.
People here will scream and completely forget this is an “own goal” we created.
Democrats will do it regardless of what the Republicans do, it’s a sunk cost.
“Yogi Bear Pine Cone Rangers”/faggots - What government agency employs them *exclusively ?), and what does the former term mean?
Exactly right. The notion of a truly independent federal agency is completely at odds with our constitution, the basic principles of government underlying it, and with the need for government accountability. The worst offender, of course, is the federal reserve, which just flies in the face of the Constitution giving Congress the sole authority to coin money and regulate its value. That particular “independent agency” has sunk us 37 trillion dollars in debt, with zero accountability for it.
Spot on post, LS...spot on.
Many of us feel the way you do on this, both with the people saying nothing will happen and the headline content.
Nice to hear from you...:)
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