The American Democracy Minute Radio News Report & Podcast for Dec. 9, 2025
A case before the U.S. Supreme Court December 8th tests the “unitary executive” theory – how much power the presidency has over agencies Congress designed to be “independent”. The Federal Election Commission is one of those agencies.
Plaintiff Rebecca Slaughter was nominated by President Trump in 2018 to the Federal Trade Commission, and renominated by President Biden to serve until 2029. Trump fired her in March 2025, not for cause, but because her positions were, QUOTE, “inconsistent with theAdministration’s priorities.”
Congress created the FTC to be an independent agency, with 5 bipartisan commissioners staggered 7-year terms who, while appointed by the president and confirmed by the Senate, can only be removed for “inefficiency, neglect of duty, or malfeasance in office.”
There are over 50 such independent agencies legislated by Congress, including the Federal Reserve, Securities and Exchange Commission and the Federal Election Commission, intentionally insulated from executive branch influence. The Federal Election Commission Act stipulates that the president can remove commissioners only for QUOTE “good cause.”
Many conservative constitutional originalists support the “Unitary Executive” theory, giving the president absolute power to hire and fire federal appointees or civil servants for any reason. Other scholars argue even James Madison and Alexander Hamilton supported independent agencies.
A decision is not likely until next year. We have more at AmericanDemocracyMinute.org. I’m Brian Beihl.
Today’s Links
Articles & Resources:
Federal Trade Commission – Commissioners
American Democracy Minute – Executive Order Asserting Presidential Authority Over Independent Agencies Could Put Federal Election Oversight Under Partisan Control
Economic Policy Institute – Firing FTC Commissioners
SCOTUS Blog – Trump v. Slaughter: an explainer
Brennan Center for Justice – Historian’s Amicus Brief in Trump v. Slaughter
NPR – Legal scholar discusses SCOTUS case on the firing of a Democratic FTC commissioner
Groups Taking Action:
Campaign Legal Center, Protect Democracy, Citizens for Responsibility and Ethics in Washington
Register or Check Your Voter Registration:
U.S. Election Assistance Commission – How to Register And Vote in Your State
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