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Chapter 9 · Who the President Can Fire

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From the page before

Why does one prepared person often have outsized influence at a local government meeting?

The answer: Attendance and turnout at local meetings and elections are typically very low

Why: Few people take part, so the ones who show up carry extra weight. That is the most useful fact in this course.

Who the President can fire

The Constitution says a lot about hiring. It says very little about firing.

Article II says the President picks big officials. The Senate then votes yes or no. That is the hiring rule, and it is written down.

Now look for the firing rule. It is not there. The Constitution names only one way to remove an official against their will. That way is impeachment, and Congress does it. The House votes to charge. The Senate holds a trial.

So who fires everyone else? The text does not say. Courts have had to answer it.

The old rule, and what it did

In 1935 the Supreme Court heard a case called Humphrey's Executor.

Congress had set up boards to watch over parts of daily life. Trade. Labor. Later, radio and TV. Congress wrote a rule for these boards. The President could only fire a member for a reason, such as neglect of duty. Not just because he wanted to.

The Court said Congress could do that. Boards like these became known as independent agencies. They ran that way for 91 years.

What changed in 2026

On June 29, 2026 the Supreme Court ended that rule.

The case was Trump v. Slaughter, No. 25-332. The vote was 6 to 3. Chief Justice Roberts wrote for the Court. Justice Sotomayor wrote the dissent. Two other justices joined her.

The Court held that these officials carry out the law. People who carry out the law work for the President. So the President may fire them at will. He does not need a reason. Humphrey's Executor was overruled.

The one place it did not reach

The same day, the Court decided Trump v. Cook, No. 25A312. The vote was 5 to 4.

Before you turn the page

Where does the Constitution say how to remove most federal officials?

  1. Article I
  2. Article II
  3. It does not say
  4. The Tenth Amendment

What did Trump v. Slaughter (June 29, 2026) decide?

  1. That Congress may protect agency board members from being fired
  2. That the President may fire such board members at will, overruling Humphrey's Executor
  3. That the President may never fire an agency official
  4. That agency officials may only be removed by impeachment

Trying to recall a thing before you read it again is what makes it stick. That is why the question is here.

Nothing is scored. Nothing is saved. No one sees your answer, and there is no account to make.