Trump v. Slaughter · ¶181

Nor is there evidence that the Constitution was intended to give the President more expansive removal powers than those enjoyed by the Crown. For good reason: Doing so would have been inconsistent with the Constitution’s very foundation. The Framers “never intended” to give the President “the complete set of powers” that the English Crown held, let alone more. C. Chabot, Interring the Unitary Executive, 98 Notre Dame L. Rev. 129, 140 (2022) (Chabot). They carefully parsed the “‘royal prerogative[s]’” and assigned many, including the power of office creation, to Congress. Ibid.; see G. Lawson, Command and Control: Operationalizing the Unitary Executive, 92 Ford. L. Rev. 441, 442–443 (2023) (Lawson) (explaining that the Constitution’s vesting of the power to create offices in Congress was a “monumental change from English practice”).

slip opinion, revised 7/07/26
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