Trump v. Slaughter · ¶179

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 1, 4 (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.

slip opinion, revised 7/07/26
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