Trump v. Slaughter · ¶230

Independence was centrally important to Congress in creating these agencies. “[I]t was essential that the[se] commission[s]” were not “open to the suspicion of partisan direction” and thus possessed the independence “necessary to the effective and fair administration of the law.” Humph rey’s, 295 U. S., at 624–625. In creating and empowering administrative agencies throughout the late-19th and 20th centuries, Congress recognized not only the need for efficient and effective regulation of the increasingly complex American economy, but also the risks of concentrating such power in the hands of the President with no check against the influence of partisan control. For the FTC, “[t]he two ideas, a commission and independence for the commission, were inextricably bound together. At no point was it proposed that a commission ought to be set up unless it be independent.” R. Cushman, The…

slip opinion, revised 7/07/26
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