The recent discourse in legal circles has been prominently focused on the Supreme Court case, Trump v. Slaughter, which has brought the issue of “independent” federal agencies back to the forefront. This case raises questions about the constitutional intersection of executive power and the autonomy of federal agencies, particularly whether such agencies should be under direct presidential control. This scrutiny draws parallels to debates from the Progressive Era, most notably those surrounding the Federal Trade Commission (FTC) and its independence status that were deemed constitutional in the Humphrey’s Executor v. United States case.
This dialogue evokes curiosity about the original intentions behind the establishment of these agencies and their purported independence. The discussion pivots on the interpretation of statutory language that allows presidential removal of commissioners for grounds like inefficiency or malfeasance, which many argue were designed to limit the president’s arbitrary removal power. However, a historical examination of this language, as seen in earlier cases like Shurtleff v. United States, suggests a potentially broader scope for presidential discretion.
Moreover, the conceptual framework laid by Woodrow Wilson, who signed the FTC Act into law, adds another layer to the interpretation of agency independence. In his article, “The Study of Administration”, Wilson emphasized that administration must remain “sensitive to public opinion,” hinting at the need for a mechanism of accountability to elected officials—an aspect that aligns with potential removal by the president.
The consideration of WWWWD—What Would Woodrow Wilson Do—prompts reflection on whether the long-standing belief in absolute agency independence might rest on a misinterpretation of both statutory and historical intentions. Does this mean past interpretations under Humphrey’s Executor missed the mark? As scholars revisit these fundamental assumptions, it reignites the debate on the true extent of executive power versus intended agency autonomy in the eyes of early 20th-century reformers.
For further examination of these themes, see the full discussion on SCOTUSblog here.