Trump v. Slaughter · ¶169

These principles apply with full force here. Today’s decision addresses one of the oldest, most vigorously debated questions in constitutional law. See infra, at 18–24. Fifty years before Humphrey’s was decided, Congress and the President began to reach a settled answer to that question, at least as to multimember agencies like the FTC. In 1887, as the railroads grew in strength across the American economy, Congress responded by creating the Interstate Commerce Commission (ICC), a powerful new agency with five Commissioners, appointed by the President by and with the consent of the Senate, who were removable only “for inefficiency, neglect of duty, or malfeasance in office.” Act of Feb. 4, 1887, 24 Stat. 383. Three years later, Congress established the nine-member Board of General Appraisers to regulate American customs and granted it the same form of removal protection. Act of June 10,…

slip opinion, revised 7/07/26
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