President's power to can independent agency heads faces test

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The Supreme Court will hear a case Tuesday that could threaten the structure of agencies that form an enormous swath of the federal government. At issue is whether a president can fire the heads of independent agencies for any reason.

. But the heads of independent agencies are different because laws insulate them from being fired without reason.“This case could potentially put the legality of many government agencies in doubt,” said Georgetown University law professor Adam Levitin, who believes Congress can limit the president’s ability to fire the CFPB director.

Conservatives have long argued that independent agencies created by Congress such as the CFPB have gotten out of control, violating the Constitution’s separation of powers principles by limiting the power of the president. Boston College law professor Patricia McCoy, a former CFPB official, says the structure of independent agencies is “a very longstanding tradition that has served the economy, the American people, well.”

But the Trump administration is arguing that the Constitution requires that the president have unrestricted power to fire people who hold certain important government positions. It says the restriction on the president’s ability to fire the CFPB director is unconstitutional. The position is a reversal from the Obama administration, which had defended the CFPB’s structure.

 

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Let him fire them, it makes the takeover easier. ....

Question should be whether an impeached POTUS has that authority.

Well he's a king, so why not.

cotey_mary

How About Changing the Law to so Presidents go to Court to face Serious Charges like RAPE immediately and Must leave The White House until the Trial Is Over!!!!

gdirtydime Gee wonder how that vote will go... VoteBlueNoMatterWho2020

jmrbux2 And who will be the deciders? Trump’s judges or True and honest Judges?

Adolf is jumping for glee

This would be madness and it would very well hamper standard governmental operations evenfurther than they already are. This is just another one of Trump & Company's temper tantrums.

Independent? Right now every agency seems to be controlled by the democrats or they got spies in those agencies.

Tell me what makes 'independent' agencies independent, again?

There is no such thing as an independent agency of the executive branch, and with any luck the Court will finally put an end to this fiction.

THE AMERICAN TAXPAYERS WANT TO NO WHAT HAPPENED TO THEIR $1900.00 BILLION,THAT WAS SLATED TO GO INTO SOCIAL SEC. LAST YR. WHAT HAPPENED TO IT? AN HOW CAN WE GET IT PUT INTO SOCIAL SEC. LIKE IT WAS SLATED TO GO. WE WANT ANSWERS. SOME SAID IT WENT TO THE RICH PEOPLE. WE NEED TO NO

If Trump wins this, it will truly upset the Fabian Socialists. And Soros. And all other sponsors of The Administrative State. Good.

I would fire you AP if I could

I’m impressed. You reference the FCC and FTC, but oddly fail to mention they aren’t run by 1 person like the CFBP is. Thus, any analysis that might follow from the cfbp isn’t quite the same. Second, the cfbp had a mandated budget, they don’t have to ask congress for $.

The US Supreme Court bases legal decisions on historical precedent and written law, not the temporary nature of a prevailing political party residing in our nation's Whitehouse. As one of three governing federal branches, why would they lessen their necessary powers?

That's the stupidest thing I have ever heard. Ever POTUS has fired heads Dept. until it comes to realDonaldTrump but the precedent has already been set & TheDemocrats want to destroy that precedent b/c Trump is getting rid of the sewer.

There is no such thing as an 'independent agency' within the government. The Executive runs nearly every department. In one way or another, all of the departments within the government are dependent on the Executive for direction, or the Legislative for funding.

The supreme tyran can do whatever he want.

How quickly they 'forget' 👇 DEMOCRATS DECRY GOVERNMENT OVERREACH, SLOPPY MATH IN CFPB CRACKDOWN ON AUTO LOANS

The SCOTUS ruled (5-4) that it is legal for Border Patrol to use Mexican kids on the Mexico side for target practice. WTF!!! What precedent does that set, and does it work the other way around? This Supreme Court...?

Let's all pray he wins!!

This is literally a Constitutional crisis. How is this even being questioned by courts. Of course he can! Jesus Christ!

Powers of the office of president are well defined by years of historical precedent and the US Constitution. Presidents have no say beyond these without toppling the delicate balance of power between the three top federal branches, as well as state and federal government.

Actual story is about CFPB operating OUTSIDE REGULATORY CAPTURE... operating unchecked and manipulated by partisan special interest groups; commuting regulatory overreach.👇

The Supreme Court will hear a case Tuesday that could decide whether, in fact, a president can fire the heads of his own administration’s agencies for any reason. There, I fixed it for you.

Republicans want to change the country into Communist China and Communist Russia with Trump having unlimited power. But they are not going to like it if Bernie becomes president.

So if SCOTUS votes to allow this does this mean that IMPOTUS can fire Chief Justice Roberts because SCOTUS is federally funded and put in his own Chief Justice?

why the supreme court was stolen just for this, they are blocking his taxes, now they will make him king, didnt win popular vote but gets to remake our country, awesome America 1787 to 2016, good run

ALLIT69 If it was WRrevv NBC s brainchild you know it is grifting the American people. These people are shameless

Trump selects many of these heads with the advice and consent of the Senate. So should there be advice and consent to remove them IMHO. But with the current lot in the SCOTUS, trump will likely win this one too.

This is not a lion pride. The answer should be no.

At last! President is an UNITARY Executive Branch of the government, and heads of independent agencies e.g. the Consumer Financial Protection Bureau are his employees, not masters of their domain. The present situation is unconstitutional &undemocratic.

In America there is no such thing as an 'independent agency.'

Just out of curiosity ... is this out of the North Korean's political Playbook or the German's (circa 1930-40s)?

AC41374 This should turn out well. 😒

Trumpsky doesn’t sit around deciding who the worst possible people are to head an agency (DeVos=Education), or who he would like to fire (FBI), he doesn’t have the patience for it. That happens in Russia, where there’s plenty of patience. That info is given to T who says it’s so.

😲😲😲 What in the Hell! Is this Step 1 in Declaring marshal Law? No wait.. Step 1 was Judicial Castration... 'The courts can not compel whitehouse to ....' Step 2 Legislative Castration. Step 3 Decapitation of ANY Agency that fails to comply.

Another win for Trump. Unelected officials can always be fired 👍🏽

scary to think we’ll quickly have ruling on whether any president can sit with dictatorship-level authority

Break the government, then claim it doesn't work. The Republican way,as preached by Grover Norquist.

Kinda makes since since we are always told he’s in charge.

Oh goodie! 🤗

With Trump’s administration vacancies, he does not need oversight duties of independent agencies. He cannot even find good candidates for his own administration. He certainly does not need additional duties.

To allow this president more power is wrong on so many levels. For those of you who are against more government involvement in their lives, pay attention here. This could contribute to creating an autocrat.

This is scary in t rump regime

No agency can be considered ‘independent’ if it exists by government funding.

17vwr 🤬👎🚫‼️

Agencies are the worst..

Who paid off Kavanaughs debts?

THEY ARE NOT INDEPENDENT IF POTUS CAN FIRE THEM. CONGRESS SHOULD DO IT

The Supreme Court is now officially part of the Trump cult, we’re screwed

ap so then we will literally have a politburo. Bad idea unless we want to be more like communist Russia

Granting Trump more power is the last thing anyone needs. He's already reckless, and out of control.

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