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Trump v. Slaughter · ¶195

The majority also compares the President’s removal power to the pardon and veto powers, suggesting that once Congress rejected the Senate’s role in removals, that power became “as much outside Congress’s control as” these other powers and so now “‘cannot be modified, abridged, or diminished by the Congress.’” Ante, at 30 (quoting Schick v. Reed, 419 U. S. 256, 266 (1974)). The comparison is inapt. Schick’s conclusion that the pardon power is not subject to modification by Congress rested on the “history of the English pardoning power,” the text of the Constitution, and “unbroken practice since 1790.” 419 U. S., at 266. As explained throughout this opinion, the majority’s version of the removal power, by contrast, draws no support from any of those sources. The majority’s rule breaks from English practice; it derives from no constitutional text speaking of a Presidential removal power…
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slip opinion, revised 7/07/26
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