Trump v. Slaughter · ¶176

Still, the majority begins by claiming that its theory of Presidential removal comes from Article II's “vest[ing of] `[t]he executive Power' ” in the President. Ante, at 429, 433 (quoting Art. II, § 1, cl. 1). That assertion begs the question. Does the “executive Power,” in fact, contain an illimitable removal power beyond Congress's power to “establis[h] by Law” certain offices, as “necessary and proper” to structure the Executive Branch? Art. I, § 8, cl. 18; Art. II, § 2, cl. 2. After all, agencies like the FTC would not even exist if not for Congress's exercise of its Article I power to create them.

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