“The Constitution does not authorize Congress to create independent officers or agencies that exercise executive power.”
For more than a century, Congress has created independent agencies designed to operate with some independence from presidential control, including through statutory limits on the President’s power to remove their leaders. These agencies exercise substantial authority over areas such as labor, communications, securities, consumer protection, and monetary policy. But the Constitution vests executive power in the President and requires the President to ensure that federal law is faithfully executed. How much control must the President have over officials who exercise executive power?
Supporters of strong presidential control argue that officials who exercise executive power must remain accountable to the President and cannot be insulated from presidential supervision. Critics argue that the Constitution allows Congress to create independent officers and agencies, and that complete presidential control is neither required by the Constitution nor consistent with the nation’s history.
The Supreme Court brought new urgency to this longstanding debate in 2026 with major decisions addressing presidential power over independent agencies. Those decisions strengthened presidential control in some contexts while leaving important questions about the scope and limits of that authority unresolved. What does the Constitution require, and how much independence may Congress give to federal officers and agencies?
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