Trump v. Slaughter · ¶160

For an agency of this “character,” the Court held that Congress permissibly could forbid Presidential “removal except for cause.” Id., at 631–632. Given the FTC’s role in “carrying into operation” Congress’s legislative goals, it needed some independence from Presidential domination. Id., at 630. It was “quite evident” to the Court, moreover, “that one who holds his office only during the pleasure of another . . . cannot be depended upon to maintain an attitude of independence against the latter’s will.” Id., at 629. Indeed, the Court explained, James Madison had suggested much the same thing when discussing the office of the Comptroller of the Treasury in 1789. See id., at 631 (citing 1 Annals of Cong. 611–612 (1789)). For executive officers whose duties “partak[e] strongly of the judicial character,” Madison explained, “there may be strong reasons why an officer of this kind should…

slip opinion, revised 7/07/26
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