Trump v. Slaughter · ¶193

As a result, nearly every scholar to have studied this episode, even those broadly supportive of the majority’s view, has come to agree that “the Decision of 1789 did not endorse the view that Congress lacked authority to modify the Constitution’s grant of removal power to the President.” S. Prakash, New Light on the Decision of 1789, 91 Cornell L. Rev. 1021, 1073 (2006); see J. Manning, Separation of Powers as Ordinary Interpretation, 124 Harv. L. Rev. 1939, 1964– 1965, n. 135 (2011); see also Shugerman, 171 U. Pa. L. Rev., at 759–762. Instead, Congress in 1789 left that question to later generations.

slip opinion, revised 7/07/26
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