WSJ Opinion: Potomac Watch

Are 'Independent’ Agencies Unconstitutional? Supreme Court Justices Debate

7 snips
Dec 8, 2025
The Supreme Court tackles whether the President can fire FTC commissioners, challenging a long-standing precedent. Justices debate the balance of power between branches of government and the historical role of independent agencies. There's a discussion on how these agencies blur the lines between legislative and judicial functions. Additionally, a case about campaign finance limits raises questions about First Amendment rights and party accountability. The implications for future independent agency dynamics and presidential control are explored with great scrutiny.
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INSIGHT

Independent Agencies And Humphrey's Legacy

  • The Humphrey's Executor precedent insulated multi-member agencies from presidential removal and enabled a powerful administrative state.
  • Kim Strassel argues that this blending of powers defies the Constitution and created unaccountable expert agencies.
INSIGHT

Wilson's Expert Class Transformed Governance

  • Kim Strassel links Woodrow Wilson's vision of government by experts to today's insulated agencies with quasi-legislative powers.
  • She contends agencies now legislate and enforce rules that the Constitution intended Congress to make.
ANECDOTE

Coin Flip For Antitrust Enforcement

  • Kyle Peterson notes the FTC and DOJ sometimes flip a coin to decide which enforces an antitrust matter.
  • That quirky example highlights arbitrary enforcement and overlapping agency roles.
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