Constitutional Explosive Diarrhea
Summary
Hosts Roman Mars and Elizabeth Jo analyze *Trump v. Slaughter*, where the Supreme Court upheld the president’s power to fire FTC commissioners, effectively dismantling the "for cause" removal protections established in *Humphrey’s Executor*. They contrast this with a simultaneous ruling protecting Federal Reserve members, highlighting the Court’s embrace of the unitary executive theory. The episode explores how this shift threatens the independence of the administrative state, potentially allowing presidents to weaponize agencies against political enemies or favored corporations.
Topics discussed
Intro: Mushroom botulism recall and FDA authority
The Administrative State: Origins and Purpose
Conservative War on the 'Headless Fourth Branch'
Presidential Power of Removal and Civil Service
Trump's Firings of Independent Agency Commissioners
Humphrey's Executor: The 1935 Precedent
The Unitary Executive Theory and the Roberts Court
Trump v. Slaughter: Overruling Humphrey's Executor
Trump v. Cook: Limits on Firing Fed Officials
Implications: Weaponizing the Executive Branch
Kneecapping Agencies and Political Neutrality
Major Questions Doctrine and Democratic Presidents
Conclusion: The Value of Competent Government
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