For nearly 90 years, Washington has operated under a legal precedent that limited a president’s ability to remove the heads of certain federal agencies. That changed in a major way Monday.
The Supreme Court effectively overturned the 1935 decision known as Humphrey’s Executor v. United States, clearing the way for President Donald Trump—and future presidents—to remove leaders of independent executive agencies, including the Federal Trade Commission (FTC).
The ruling stems from President Trump’s decision last March to fire two Democratic commissioners from the FTC. While the Supreme Court had previously allowed the dismissals to stand while the case moved through the courts, its latest decision goes much further by rejecting the legal foundation that had protected many agency officials from being removed by the president.
What Is the FTC?
The Federal Trade Commission is responsible for protecting consumers, enforcing antitrust laws, and investigating unfair business practices. Traditionally, it has been run by commissioners from both political parties who could not simply be fired because a president disagreed with them.
That protection was based on the Supreme Court’s 1935 Humphrey’s Executor decision.
What Changed?
The Court has now ruled that those protections violate the Constitution’s separation of powers.
In simple terms, the Constitution gives the president the responsibility to make sure the laws are faithfully carried out. If the president is responsible for the executive branch, the Court reasoned, then the president must also have the authority to remove executive officials who refuse to carry out his policies.
Supporters of the ruling argue that voters elect a president to lead the executive branch, and that leadership becomes difficult when unelected officials can ignore presidential direction while remaining protected in office.
Justice Thomas Warned About This Years Ago
Justice Clarence Thomas has long argued that Humphrey’s Executor was wrongly decided.
He wrote:
“Humphrey’s Executor poses a direct threat to our constitutional structure and, as a result, the liberty of the American people… Our tolerance of independent agencies… is an unfortunate example of the Court’s failure to apply the Constitution as written.”
Thomas argued that the Constitution created three separate branches of government, and that executive power belongs to the president—not to independent agencies insulated from presidential oversight.
What Does This Mean for Americans?
For the average American, this ruling could reshape how Washington operates.
Instead of agency leaders serving almost independently of the White House, presidents will likely have greater authority to replace officials who refuse to implement the administration’s agenda.
Supporters say this restores accountability. They argue that if Americans dislike how executive agencies are run, they can vote for a different president. Under the previous system, many agency leaders could remain in power regardless of election results.
Critics, however, warn that independent agencies were designed to reduce political influence over regulatory decisions. They argue the ruling could make agencies more partisan as each new administration replaces officials with political allies.
A Major Shift in Constitutional Power
This decision is about far more than the Federal Trade Commission.
Legal scholars believe it could affect numerous federal agencies throughout the executive branch, potentially giving presidents greater authority over officials who were previously protected from removal.
Whether one agrees with the ruling or not, it represents one of the most significant changes to the balance of power between the presidency and the federal bureaucracy in decades.
For Americans frustrated with what is often called the “deep state” or unelected bureaucrats making policy, supporters see this as restoring the authority voters give the president at the ballot box.
For others concerned about preserving independent oversight of government agencies, the decision raises new questions about how much power should rest in the hands of one president.
Either way, the Supreme Court has redrawn the constitutional lines of executive power, and the effects are likely to be felt across Washington for years to come.
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