Description
Can the President fire executive branch officials whenever he wants? According to the Constitution, the answer seems straightforward—but two Supreme Court decisions say completely contradictory things.
Both released on the same day.
And written by the same Justice!
As part of our Supreme Court Special, we examine the Supreme Court's rulings in Trump v. Slaughter and Trump v. Cook, and why they have sparked major constitutional questions about presidential removal power, the independence of federal agencies, and the separation of powers.
Article II vests every last bit of executive power in the President. That Vesting Clause caused the Supremes to overrule Humphrey's Executor and confirm that Trump can fire FTC commissioners.
But apparently, not so with the Federal Reserve Board, for the very reasons they just said were unconstitutional!
I cover Chief Justice John Roberts's "reasoning" in both opinions, as well as Justice Clarence Thomas' dissent questioning whether Federal Reserve independence is constitutional.
If the President possesses the entirety of the executive power under Article II, can Congress shield executive officers from removal? And if not, why does the Federal Reserve appear to be treated differently?
This video breaks down the Court's reasoning, compares the two opinions side by side, and explores the constitutional implications for presidential authority and the future of independent agencies.
Trump v. Slaughter https://www.supremecourt.gov/opinions/25pdf/25-332_qn12.pdf
Trump v. Cook https://www.supremecourt.gov/opinions/25pdf/25a312_5468.pdf
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