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Humphrey’s Executor Buried: The True Significance of the Ruling

Overturning the 1935 Humphrey’s Executor decision is not a procedural victory—it is an architectural transformation of the U.S. executive branch. From now on, the president can remove commissioners from the FTC, SEC, NLRB, and other agencies at his discretion without having to justify his decision on the grounds of misconduct or incapacity. Ninety years of institutional doctrine have just been swept aside by a six-to-three vote.

For Trump, this marks the realization of a conservative doctrinal project that has been brewing for decades within the Federalist Society. The idea of the “unitary executive”—according to which all executive power constitutionally belongs to the president—has just received its biggest judicial boost. This victory will have repercussions long after Trump leaves office.

What Trump Can Now Do—and What He Will Likely Do

With this new power, Trump can now replace all Democratic commissioners at independent agencies with loyalists. He can restructure the FTC’s mandate to relax antitrust rules in favor of big tech companies. He can neutralize the CFPB to protect banks from investigations into abusive financial practices. These are concrete possibilities, not far-fetched scenarios.

Several names are already being floated to replace the current commissioners with candidates more aligned with the White House’s deregulatory agenda. The purge isn’t inevitable—but the likelihood that it will happen, at least in part, is considerable. Trump isn’t known for exercising restraint when he holds power.


The real question isn’t “Will Trump abuse this power?”—the real question is “Which president won’t?” Once a power is constitutionally established, it outlives its creator. The next Democrat in the White House will also inherit this power. Good luck getting rid of it.

This content was created with the help of AI.

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