Congressional Digest

Supreme Court Debates September 2026 No. 6 Vol. 29
Rebecca Kelly Slaughter et al., Respondents

Presidential Firing Power

Executive Control Over

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Rebecca Kelly Slaughter et al., Respondents

In 1914, Congress enacted legislation creating the Federal Trade Commission (FTC), tasking it with preventing unfair business competition. It created an executive board to run the “independent” agency composed of five commissioners appointed by the president and confirmed by the U.S. Senate to staggered seven-year terms. The law also states that no more than three commissioners can be from the same political party and that they can only be fired by the president for “inefficiency, neglect of duty, or malfeasance in office.” Congress has expanded the FTC’s responsibilities over time, but presidents of both parties abided by the appointment rules…

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