Trump v. Slaughter · ¶88

With no support in the First Congress’s actual debate on the subject, the dissent (this time joined by Slaughter) turns to three early agencies that it contends were “at least semi-independent.” Post, at 24–26; see also Brief for Respondent 14–16. But the members of these agencies, too, were removable by the President at will. Indeed, the first of the three, the Revolutionary War Debt Commission, was composed solely of Presidential appointees, with a statute that did not purport to limit the President’s power of removal. See Act of Aug. 5, 1790, ch. 38, 1 Stat. 178. And the latter two, the Mint Board and the Sinking Fund Commission, were both composed mostly of Cabinet Secretaries, who (all agree) could be fired at any time. See Act of Apr. 2, 1792, 1 Stat. 250 (Mint Board); Act of Aug. 12, 1790, ch. 47, 1 Stat. 186 (Sinking Fund Commission). The only question arises as to one member of…

slip opinion, revised 7/07/26
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