Can the U.S. Executive Fire Executive Employees?
“You’re fired.” Donald Trump was known for that phrase as an executive and reality television personality, but as president, he has faced constitutional legal challenges for firings. The case of his trying to remove, among others, Rebecca Slaughter, commissioner of the Federal Trade Commission (ftc), has made it all the way to the Supreme Court, which appears ready to hand him another win, further strengthening his presidency, as the Trumpet has forecast based on Bible prophecy.
Trump fired Slaughter in March, four years before her term ended. She sued, and a lower court ruled that Trump had exceeded his presidential authority by ignoring a 90-year-old legal precedent that grants tenure to the heads of independent agencies.
- This precedent, Humphrey’s Executor v. United States, ruled that President Franklin Roosevelt could not fire an ftc member because Congress had granted them “quasi-judicial” or “quasi-legislative” powers. The problem is, the U.S. Constitution does not allow executive agencies like the ftc to exercise “quasi-judicial” or “quasi-legislative” powers.
- In oral arguments, U.S. Solicitor General D. John Sauer said, “Humphrey’s must be overruled. It has become a decaying husk with bold and particularly dangerous pretensions. It was grievously wrong when it was decided. It continues to generate confusion in the lower courts, and it continues to tempt Congress to erect, at the heart of our government, a headless fourth branch, insulated from political accountability and democratic control.”
- The court’s liberal justices, Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson, argued that the executive branch should have some agencies that are independent from the presidency. But it seems likely that at least five conservatives will rule that, as Article II, Section 1, of the Constitution states, “The executive power shall be vested in a president of the United States of America.”
Overturning Humphrey’s Executor v. United States would move the nation back toward the original constitutional model, where elected representatives in Congress make laws, judges appointed by elected officials determine their application in specific disputes, and the president enforces them, with full control over those who assist him in exerting executive power.
- Such a decision would be a natural follow-up to the Loper Bright Enterprises v. Raimondo case decided last year, where the U.S. Supreme Court held 6-3 that executive branch agencies may no longer interpret their own application of a law.
Trumpet editor in chief Gerald Flurry has proved that President Trump is an end-time type of the ancient Israelite King Jeroboam ii. He has written that Amos 7:12-13 prophesy that this man will have support from a secular entity called the “king’s court,” better rendered the “kingdom’s court.” The U.S. Supreme Court has made several important rulings that enabled Donald Trump to return to the presidency and that strengthen the presidency’s power to execute laws passed by Congress.