The Ultimate Triumph of the Unitary Executive
A half century ago, a new and radical legal theory emerged. Now it is American law.
TL;DR
- The Supreme Court ruled in *Trump v. Slaughter* that the president has the constitutional power to remove members of the Federal Trade Commission (FTC) for any reason.
- This decision establishes the "unitary executive theory" as law, asserting the president's control over all discretionary policy-making within the executive branch.
- The ruling contradicts the 1935 *Humphrey's Executor v. United States* decision and extends to all independent regulatory agencies.
- Justices noted that this newfound power could allow presidents to leverage administrative power to reward friends or punish those who disagree with them.
- Concerns were raised that presidents could use this unfettered control to launch attacks on opponents or to sabotage agencies by reducing their membership below quorum.