Humphrey’s Executor Is on Life Support, Opening a Path to Crushing Deep State

By
M Dowling
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2
270

The path to getting rid of the Deep State is to first get rid of the 1935 law, Humprey’s Executor. the law prevents the President from firing employees in his own executive agency. The case was heard by the Supreme Court today. It is now on life support.

For nearly ninety years, Humphrey’s Executor has stripped presidents of control over independent agencies, and handed power to unelected and unaccountable bureaucrats.

Humphrey’s Executor v. United States is a landmark Supreme Court case decided in 1935 that established the principle that Congress can limit the president’s power to remove certain executive officials.

The case involved William E. Humphrey, a commissioner of the Federal Trade Commission, who was fired by President Franklin D. Roosevelt over policy disagreements. The Supreme Court ruled that the Federal Trade Commission Act of 1914 allowed Congress to limit the grounds for removal to inefficiency, neglect of duty, or malfeasance in office, thereby protecting the independence of independent agencies. This ruling has been significant in shaping the structure of regulatory agencies and the balance of executive power in the U.S. government.

Can Congress have the authority to create a new branch of government that is not accountable to US voters? That is the question before the Court.

Congress cannot exempt any federal agency in the Executive Branch from ultimate oversight and control by the President and Vice President. We are governed by elected representatives, not unelected and unaccountable bureaucrats or judges.

This is not expanding the President’s power; it’s ensuring the power of the elected President.

Nuking Humphrey’s Executor

Can Congress just make any Cabinet office an “independent commission,” thereby destroying the presidency?

Kavanaugh surgically dismantled the entire “independent agency” myth in about a minute. If the President cannot fire you, you’re not independent: you’re unaccountable.

Justices Brett Kavanaugh and Sam Alito also nuked the “independent commission” scam.

Justice Kavanaugh said, “Independent agencies are not accountable to the people. They’re not elected as Congress and the president are, exercising massive power over individual liberty and billion-dollar industries, whether it’s the FCC or the FTC…”

Constitutional expert, JonathanTurley said that both Kavanaugh and Alito made short work of those defending this law.

The Justices asked, can you just make any Cabinet Department an independent commission? Can you make their length in office 20 years? Those questions left the other side floundering because they could not reasonably answer those question.

Watch:

Justice Ketanji Brown is illogical as always. A President should be able to fire people in his own agencies.

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Canadian Friend
Canadian Friend
1 hour ago

Ketanji Jackson says the scientists and experts in those agencies would be replaced by people who don t know anything. That is absurd…That argument is dumb… She says they would be replaced with loyalists…but that is exactly what the problem is right now !!! In many of those agencies are Democrats who hate Republicans and hate Trump passionately, and they… Read more »

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Peter B. Prange,
Peter B. Prange,
2 hours ago

A federal bureaucracy that is not subject to the control of the president is part of the reason for the terrible waste of tax-payer dollars. It certainly does not fit with the spirit of the constitution. How has it lasted so long?

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