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The FTC Firing That Just Rewrote Presidential Power for Good

The Supreme Court just gave Donald Trump something conservatives have wanted for nearly a century. In a 6-3 decision that’ll make your head spin if you’re paying attention, the Court ruled that the president can fire Rebecca Slaughter, a Democratic member of the Federal Trade Commission, simply because he disagrees with her policies. No cause needed. No bipartisan balance required. Just raw executive authority.

Chief Justice John Roberts wrote the majority opinion, and he didn’t mince words. The so-called “for cause” removal protections that Congress built into more than two dozen independent agencies? Unconstitutional, according to Roberts. A violation of separation of powers. “What text, history, and structure settle, our precedent confirms,” he wrote. “The President may remove his subordinates at will.”

That’s the sound of 90 years of precedent crumbling.

Trump called it “one of the most important ever given with respect to Presidential Powers.” He’s not wrong. This decision fundamentally rewrites how the federal government operates. Those independent agencies that liberals have treasured since the New Deal era, the ones supposedly staffed by nonpartisan experts who regulate everything from stock trades to consumer safety to broadcast licenses? They’re not really independent anymore.

Here’s what actually happened. For nine decades, we’ve operated under a system where certain federal agencies maintained bipartisan leadership and commissioners who couldn’t be fired on a whim. The idea was simple enough. You want consistency in regulation, you need people who aren’t constantly looking over their shoulders wondering if the president’s going to can them for making an unpopular but necessary decision. The FTC, SEC, FCC, Federal Election Commission. All of them were designed to function with some insulation from political winds.

Conservatives have hated this arrangement forever, and honestly, they’ve got a point buried in there. Unelected bureaucrats wielding massive power with minimal accountability is a problem. When faceless regulators can strangle businesses with red tape and nobody can touch them, that’s not limited government. That’s not what the founders had in mind either.

But Justice Sonia Sotomayor sees it differently, and her dissent pulls no punches. She accused the majority of endorsing “total executive control” that the founders never imagined. “The result is a President who emerges with far greater power than ever before,” she wrote, joined by Justices Kagan and Jackson. “It is a power, however, that neither the People, nor Congress, nor the Constitution bestowed upon him.”

She’s warning us that we just created an imperial presidency. The majority is telling us we just restored constitutional order. You know what? They’re both describing the same thing from opposite ends of the telescope.

The practical effect is stark. Nothing in this ruling eliminates these agencies outright. They’ll still exist. But now a president can pack them entirely with loyalists from his own party. Want an FTC with five Republicans and zero Democrats? Go for it. Want an SEC that sees eye to eye with your economic agenda? Done. The pretense of bipartisan expertise just got tossed in the dustbin.

This matters beyond the immediate Trump administration. Future presidents, Republican and Democrat alike, now wield this expanded authority. The regulatory state just became far more responsive to whoever sits in the Oval Office. Markets will react differently. Companies will lobby differently. The whole dance between Washington and American business just changed its rhythm.

Liberals who’ve championed independent agencies as bulwarks against corporate excess are rightfully panicking. Their model depended on insulation from politics. That insulation just melted. Conservatives who’ve railed against the administrative state for decades are celebrating. Their vision of a unitary executive just got the Supreme Court’s stamp of approval.

The founders designed a system of checks and balances, but they never anticipated the sprawling regulatory apparatus we’ve built since the 1930s. Congress created these independent agencies precisely because they wanted expert oversight that transcended election cycles. The Supreme Court just told Congress that constitutional structure matters more than their legislative preferences.

Roberts and the conservative majority believe they’re restoring original constitutional design. Sotomayor and the liberals believe they’re watching a power grab disguised as originalism. The truth is probably messier than either side admits. We’ve been operating in constitutional gray zones for a long time, and this decision forces clarity where ambiguity once reigned.

What happens next? Expect every independent agency to feel pressure. Expect commissioners to suddenly become a lot more deferential to presidential preferences. Expect the expertise-based model of regulation to give way to something more overtly political. Whether you think that’s overdue accountability or dangerous consolidation of power depends entirely on whether you trust presidents more than you trust unelected bureaucrats.

Trump won this round decisively. But the game just got rewritten for everyone who comes after him too.

Related: Supreme Court Decides Election Day Doesn’t Really Mean Election Day Anymore

American Conservatives

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