Trump v. Slaughter · ¶205

Nor was this the only way in which the First Congress legislated to achieve agency independence. It also established the Revolutionary War Debt Commission: a board of “three commissioners” created “to settle the accounts between the United States, and the individual states,” whose decisions would be “final and conclusive” without further review. Act of Aug. 5, 1790, ch. 38, 1 Stat. 178. Hamilton would later describe the Commission as made up of “distinct and Independant Officers.” 16 Papers of Alexander Hamilton 145 (H. Syrett ed. 1972). The majority correctly notes that the statute did not expressly speak of removal. See ante, at 31–32. It did, however, specify that the Commissioners would “continue” in office “until the first day of July [1792].” 1 Stat. 179. Scholarship has recently shown, consistent with precedent, infra, at 27–28, that at the founding, such fixed-term tenures were…

slip opinion, revised 7/07/26
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