The Supreme Court’s 6–3 ruling to undo the 90-year-old Humphrey’s Executor case has undermined the purpose of independent commissions. The court ruled President Trump may fire Senate approved members of the Federal Trade Commission before their terms expire. Humphrey’s Executor, a 1935 ruling, and related statutes, had allowed Congress to create independent agencies to mitigate political interference.
Chief Justice John Roberts wrote that agencies are not really independent if they exercise executive power – “subordinates who exercise the President’s power are subject to removal by him.” He added that Congress and the courts cannot “saddle” a president “with those with whom he cannot work,” which, of course, was the purpose of independent agencies.
This decision aligns with the court’s other recent trend upholding the Federalist Society favored “unitary executive theory” which holds presidents should have sole authority over the executive branch.
Interestingly, Justice Roberts somehow contorted his logic to allow one exception – appointments to the Federal Reserve Board Governors may not be fired at a president’s whim. “The Founders knew from experience the calamities that could arise from even the ‘suspicion’ of political manipulation of monetary policy,” he wrote concluding that the Fed should remain independent. But not others?
Mississippi, at both the state and local levels, has a long history of independent boards and commissions. In many cases appointive authority and appointee terms are distributed to mitigate political interference.
So, under the Supreme Court’s new “unitary executive theory,” can a Mississippi governor, the state’s chief executive, fire an appointee to an independent board or commission at-will?
Only in some cases. A governor may remove one of his appointees unless restricted by statute or constitution. One example – an appointee approved with the consent of the Senate would also have to have Senate approval to be fired. Even then there could be administrative or statutory rules to prevent that.
In other words, our Legislature can restrict a governor’s authority to fire board and commission members. Congress also had that authority until this latest Supreme Court ruling.
A local example of a well-functioning independent commission is Jackson’s One Cent Sales Tax Commission. It was established to ensure local tax revenue is spent according to a master plan for infrastructure improvements without political interference. The Governor, Lt. Governor, and Speaker have appointments, and Jackson’s Mayor has three with Council approval. Four more come from recommendations made the Chamber.
Not having such independent commissions at the federal level risks political chaos. Imagine a president controlling the Securities and Exchange Commission, Federal Trade Commission, Federal Communications Commission, Federal Election Commission, etc.
Oh boy, that’s happening already. But hopefully it won't in Mississippi.
“Woe to those who are wise in their own eyes” – Isaiah 5:21.
Crawford is an author and syndicated columnist from North Jackson.
17 comments:
Political Cronyism is alive and well in the ole U.S.A.
More Crawford horseshit. John Roberts is a traitor. The Federal Reserve - which is neither Federal, nor has any reserves - never existed before 1913. Roberts believes it's a legitimate entity, thus the imbecility of his ruling. Executive Branches are Executive Branches, and they can enforce such.....the Judiciary nor Congress have the physical ability to enforce a brown paper bag, and that was by design.
Appointing every appointee based only on loyalty to one man is far more serious and frightening as is trying to take election laws away from the states! Trump has appointed people with zero knowledge of or experience in the jobs they are suppose to oversee! I think Trump Derangement Syndrome describes people blindly loyal to and brain washed by Trump!
9/14- Well said. This country was not set up to be run on the whims of one man. “Those who don’t remember the past, are condemned to repeat it.” We as a country, will look back and ask, how did we let this happen.
10:01 yep that Exactly sums up how I feel about Clinton and Obama and JBiden and the next leftist hero
Lots of TDS rearing its ugly hea.
@11:26 am
+1,000,000
“There are none so blind, as those who will not see.”
9:14 lays claim to the goofiest post of the year. Kagan, Sotomayor, and "I'm not qualified to define a woman" simply stick a finger in the air and vote the opposite of reason. Tommie Green is qualified for the US Supreme Court by the standards that picked this bunch.
I guess ole Bill forgot that Obama wiped out the Department of Justice to appoint his minions. AG Eric Holder flatly stated, "I am Obama's wingman." So much for an independent DOJ.
Obama even wiped out current appointees of commission as obscure as the national monument commission. The difference is these fired people recognized the elected head of the Executive branch has authority to fire and appoint even when that head goes nuclear and widespread fires people. But the Dems are so consumed with hatred of Trump that they trot to cherry picked judges who don't care if they are overturned as long as it slows the Trump agenda.
We do not need anti-trust laws and this will get rid of the agency enforcement actions against corporations.
Clinton and his VP were the worst of the lot. Clinton fired all Republican Federal US Attorneys. Al Gore brought his brother in law into a leadership position in the Justice Department - Greenville, MS attorney Frank Hunger who married Gore's sister.
The scripture quoting supporter of the Democrat party that wants to have sex talks with our innocent kindergarten children, put grown men in the little girl bathrooms, destroy the rest of our country with violent crime the way they have in cities like Jackson (the list goes on), now gives us a written lecture on what, case law?
Wonder if Bill Crawford got any help writing this piece from one of those No Kings Oligarch supporting “Heavy Hitter” lawyers that are too chicken ____ to live in their Democrat Party high crime city of Jackson where an innocent 2-year-old was just murdered (got to keep their “Heavy Hitter” babies safe in the Republican suburbs)?
Crawford asks, "So, under the Supreme Court’s new 'unitary executive theory,' can a Mississippi governor, the state’s chief executive, fire an appointee to an independent board or commission at-will?"
Even a non-lawyer can look at the U.S. Constitution and the Mississippi Constitution and see the difference in a "unitary executive theory."
The U.S. Constitution: "The executive Power shall be vested in a President of the United States of America." Very clear. The executive power. Not part. Not certain kinds. All of it.
The Mississippi Constitution: "The chief executive power of this State shall be vested in a Governor...." Not all the executive power; just the "chief" executive power. The Mississippi Constitution outlines other elected executive officers who do not derive their power from the governor but the Constitution and the people. So it is very obvious that Mississippi does not have "unitary executive."
9:42 PM, you can replace your 4th word “forgot” with “ignored.” Bill Crawford ignores any and all events that might hurt his Democrat Crime Party. Then quotes scripture.
Bill, like most leftist propagandists posing as journalists, seems to be trying desperately to become his own version of Bob Woodward. Crawford tried (with help from some Stupid Party Republicans) to take out Tate Reeves with the state flag pretend crises. Guess there weren’t enough low IQ rednecks willing to turn the state over to the same party that’s run Jackson into the ground with violent crime.
But, like Bill Minor before him, Bill Crawford keeps “penning away” at his goal of taking down Republicans, while the real issues like innocent children continuing to be victims suffering under Democrat Crime Catch & Release Party rule.
But, cannot the Chief Executive order those lower level executives to comply with his/her directive? Elected or not, they answer to the top, don't they?.....if those at the top choose to exercise their Chief Executive authority.
So, if something didn't exist prior to 1913, it's not real or legit. What a BOOB!
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