Oct 28, 2026 · 40 min
Supreme Court Expands Presidential Control of Agencies
Whom Can the President Fire? The Controversy Over the Removal Authority
The dispute over removal power determines whether federal agencies answer primarily to elected presidents or insulated experts.
- 1The First Congress left presidential removal authority unresolved, setting up a constitutional dispute that survived into modern administrative law.
- 2Myers supported broad presidential control, while Humphrey’s Executor protected independent commissioners from direct removal.
- 3Trump v. Slaughter strengthens presidential authority over agency personnel without deciding how broadly Congress may define agency powers.
Don't miss
The discussion of Trump v. Slaughter shows how the Supreme Court’s 2026 ruling may increase presidential control over agency commissioners.
The brief
Joseph Griffin joins Jeff Sikkenga to trace presidential removal power from the First Congress, where the Constitution’s silence produced competing readings of executive authority.
The 1789 debate avoided a definitive answer, but Andrew Johnson’s conflict with Congress and the Tenure of Office Act pushed removal power into a national crisis.
Myers v. United States endorsed broad presidential removal authority as a condition of executive control and democratic accountability, while independent commissions raised the opposing case.
The central tension is institutional: Progressive reformers favored expert, insulated administration, while constitutional accountability points toward officials answerable to the elected president.
Trump v. Slaughter recognizes presidential authority over commissioners exercising executive power, potentially reshaping agency personnel while leaving the substantive scope of agency powers intact.
The episode’s larger lesson is that removal power is not a technical personnel dispute; it determines who can be held responsible for administrative government.
Weekly email
State of the Pod, every Monday
The week's most-discussed names and stories from podcasts, with the moments behind them. Free, five minutes, unsubscribe in one click.