Trump's administration is contemplating legal action to overturn the 1935 Supreme Court ruling in Humphrey's Executor, which protects the independence of federal agency heads from arbitrary dismissal by the president. This decision established that appointed leaders can only be removed for cause, a principle that has reinforced the existence of independent regulatory agencies. Conservative legal scholars believe this undermines presidential power, advocating for a restructure of the administrative state to reflect direct presidential authority over such agencies, given the current Supreme Court's potentially supportive stance due to its conservative majority.
The unanimous 1935 Supreme Court ruling established that presidents cannot fire appointed leaders of federal agencies without cause, a principle crucial to maintaining independent federal agencies.
Conservative legal theorists contend the Constitution grants the president immense power and reject the limitations placed by Congress and upheld by the judiciary, which shapes the modern administrative state.
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