The Supreme Court is poised to make a groundbreaking decision that could drastically reshape the American government. This isn't merely about President Trump's authority to remove bureaucrats; it's about challenging the very existence of an unaccountable branch of government. What began as a single termination letter has spiraled into a constitutional battle that threatens to dismantle the administrative state as we know it.
- The Supreme Court is set to hear a case that could redefine the balance of power in Washington, possibly dismantling the so-called "fourth branch of government."
- President Trump’s firing of Federal Trade Commission Commissioner Rebecca Kelly Slaughter has triggered a constitutional showdown, potentially overturning a 1935 precedent.
- If overturned, the decision could grant the President unprecedented control over independent agencies, fundamentally reshaping the federal bureaucracy.
On December 8th, the Supreme Court will hear arguments in a case that could fundamentally alter the balance of power in Washington. This case aims to dismantle what critics have dubbed the "headless fourth branch of government," restoring the Founders’ intention of presidential control over all wielders of executive power. Back in March, President Trump fired Federal Trade Commission Commissioner Rebecca Kelly Slaughter, a Biden appointee, due to policy disagreements. Under the system that has been in place for the past 90 years, President Trump would have been powerless to do this. Since FDR, commissioners could only be removed for severe misconduct or corruption. Trump, however, simply fired her, setting the stage for a constitutional showdown.
The 1935 Supreme Court decision known as Humphrey's Executor has, for the last 90 years, served as the Deep State's ultimate shield. It effectively made it illegal for the President to fire bureaucrats on commissions, creating an untouchable class of federal commissioners who could ignore presidents, defy voters, and push their own agendas without consequence. This includes bureaucrats in agencies like the Federal Trade Commission, the Securities and Exchange Commission, and the National Labor Relations Board, among others. These "independent agencies" operate under a corrupt model, justified by their supposed independence, but from whom? Ultimately, they are independent from the American people, who never elected them. The unelected bureaucracy has been permanent, calling the shots in governing the country since 1935.
The Supreme Court's recent decision allows Trump to proceed with Slaughter's removal while the case continues through the appellate process. More importantly, the Court agreed to revisit Humphrey's Executor this December, signaling readiness to overturn it. What we call the "administrative state" represents regulatory power accumulated in agencies that operate largely autonomously from elected officials. As we speak, there are 2.8 million federal workers across a vast apparatus that issues thousands of regulations annually, far exceeding the legislative output of Congress itself. Critics describe this as a "fourth branch of government" with no constitutional justification but wielding enormous power over American life.
The tension over the last 90 years is both constitutional and political. Article II vests "the executive Power" in the President, who is responsible for ensuring laws are faithfully executed. This means the President should have complete control over everyone in the executive branch. Anything less violates the Constitution's separation of powers and undermines democratic accountability. As long as these agencies remain 'independent,' they are unaccountable to voters who elect the President as their representative. The President is the only figure voted on by the entire nation, and there is no agency that does not fall under his authority.
If the Supreme Court overturns Humphrey's Executor, the implications could be profound. Presidents would gain authority to fire commissioners at independent agencies for any reason or no reason at all, ending the autonomy of these agencies and restoring executive accountability. The conservative majority appears poised to reshape the administrative state fundamentally. Oral arguments begin on December 8th, and the future of the administrative state hangs in the balance.
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The decision will extend far beyond Rebecca Slaughter's job, determining whether the Founders' vision of separated powers can accommodate the modern regulatory state or if it must be restructured to restore presidential supremacy over the executive branch. After ninety years, the fourth branch of government faces its existential moment, and six justices hold the power to decide its fate.
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