Trump v. Slaughter · ¶86

We certainly see no reason why it should take precedence over the Decision of 1789. When it comes to those debates, the dissent has little to offer, beyond its efforts to limit the decision’s scope. Says the dissent: “The House in 1789 did not address whether Congress could place any limits on the President’s power to remove,” for it debated only whether the President had such a power “at all.” Post, at 19. The two, however, are one and the same. In holding that the President has the power to remove his subordinates “without an express grant from Congress,” post, at 20 (opinion of SOTOMAYOR, J.), Congress held that “the power of removal” forms part of “the Executive power,” 1 Annals of Cong. 382 (Rep. Clymer). And to the extent that the power of removal is part of the executive power, it is as much outside Congress’s control as the President’s power to grant pardons, veto bills, and…

slip opinion, revised 7/07/26
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